Solution
While the previous application for planning permission on Urban Open Space had been for two detached houses, our design was for a pair of semi-detached houses. As these, like the existing house, would be set at a right angle to the street, the depth of the buildings would be similar when seen from that side. Most of the extra built-up area would be away from the street, taking up a small part of the very large garden. In total, even though we would have two three-bedroom houses that met space standards instead of one that didn’t, the net reduction in undeveloped space was only 24sqm.
Conscious that however unjustified the Urban Open Space designation was, it was in place, we spent a lot of time and effort on landscaping, not only making sure that a protected tree would be completely unharmed, but adding new trees, bushes and rain gardens. Compared to the existing garden, we created a much richer, more biodiverse setting.
It turned out that this was not enough to persuade the council to grant planning permission on designated land. However, convinced (correctly, in our opinion) that this was a high-quality application, our client chose to appeal. The Planning Inspector carefully assessed the benefits of the two well-designed houses versus one unsatisfactory one and considered whether that would outweigh any harm to the Urban Open Space. He judged that the balance was clearly in favour of the new and better homes and gave our client permission via an appeal.