McLoughlin Planning is delighted to confirm that we have successfully appealed a refusal of planning permission for alterations and extensions to a dwelling in the desirable Moor Park Estate, Hertfordshire.  

The scheme sought a myriad of works, including the demolition of an existing garage, workshop and front canopy; and the construction of a two-storey side and rear extension.  The key planning issue was the effect of the proposed development upon the character and appearance of the existing building and the area, including the Moor Park Conservation Area.  

Preparing a suitable strategy following the refusal of planning permission  

We were approached to assist following a refusal of planning permission for the scheme. Three Rivers District Council were content with the more minor elements of the design but felt that the proposed extensions would negatively impact the Conservation Area.  

Following a review of the planning submission as a whole, along with the relevant plan policies and pertinent precedents, we advised our client to appeal the planning decision.  A significant part of our reasoning behind this was that we felt that the Council’s concerns were based solely on a prescriptive interpretation of their Conservation Area (CA) Appraisal, which aimed to maintain spaces between detached properties. The Inspector agreed with our interpretation, identifying that:  

“The CA Appraisal explains these design standards are to maintain the open character of the estate and avoid the overdevelopment of plots. As I have found that the proposed development would achieve this, it is not necessary to forensically examine whether the proposal would exactly meet the design standards listed in the CA Appraisal.”  

This is an important reminder that policies and guidance should not be taken so literally.  In this case, the CA Appraisal insisted that a 2.5m space to the side of the property should remain.  

Even though the residual space proposed was less than this, the extensions were subservient to the main dwelling, designed to a high standard for the CA and they still maintained a space to allow visibility between plots. These points were, in the Inspector’s view, more important to the preservation of the CA than insisting on the prescriptive distances in the CA Appraisal.   

What happens after a planning application is refused?

If you have had your application for planning permission refused or have been informed by your local Council that a refusal is imminent – it may not necessarily mean the end of the line for your development aspirations.  If you have received a planning refusal, then in the first instance, review the decision notice and officer’s report.  These will give you the reasons for refusal and any perceived planning issues which may need to be resolved.  A planning consultant can advise on the severity of these reasons, and whether they can be navigated or mitigated.   

Once you understand why the application has been refused, you can then choose the appropriate planning strategy, be that a planning appeal, or a revised scheme and resubmission.  Alternatively, your application may still be live, but you are aware that a refusal is pending, in which case negotiation with the case officer and relevant stakeholders will be key.  

Which route to take and the requirements of each is something our planning consultants specialise in.  Feel free to contact the team at McLoughlin Planning to discuss your project and find out how we can best assist.   

How we can help

We are McLoughlin Planning, and our team has a simple objective: to get results for our clients by providing high-quality planning consultancy.   

Our team of chartered town planning consultants deal with a host of interesting planning projects from across southern England and Wales – from strategic promotions and commercial premises to private developments and rural projects.   

We are a friendly and approachable team who care passionately about the built environment, always striving to get the best outcome for our clients and the community.   

If you have a development project which would benefit from expert planning consultancy input, then feel free to view our full ‘About Us’ page to view which of our planning consultants best fit your needs and contact us through either our ‘Arrange a Call‘ tab on our contact page or via the email and telephone number provided below. 

Joe Seymour – Associate Director  

McLoughlin Planning is pleased to have helped a property owner secure Permission in Principle (PiP) with the London Borough of Sutton for an upward extension (airspace) development for 9 new flats. This is the first approved Permission in Principle granted by this London Borough.

Due to the significant number of reports and plans required through validation for full planning permissions, we have been approached by SME developers to find a means of managing development risk and to ensure the principle of their aspirations is something which can be agreed with the Council before investing in the technical work required. This is particularly applicable to constrained inner-city urban development sites where upward extensions for airspace development can be met with resistance.

Following previous success in London in using Permission in Principle, we worked with the landowner to develop a scheme which could be presented through a PiP to secure the principle of airspace development for the property. As this application type considers only the location, land use and amount of development, the level of supporting information is a fraction of a full planning permission. Whilst it does not remove the considerations and risks of subsequent technical considerations, it does provide an opportunity to agree with the Council whether the amount (i.e. number of residential flats) and location of the airspace development is acceptable. As PiP’s are limited to up to 9 residential units, this type of proposal is ideally suited for smaller development proposals in urban areas.

Following submission, McLoughlin Planning worked closely with the Council and case officer to ensure the proposal was being determined correctly and to agree with the officer on the appropriate amount of development which would be realistic to approve for further technical consent.

We are so pleased to have helped provide the landowner with reassurance through the PiP of their property’s development potential and to secure another first with a London Borough.

📞 If you would like a FREE initial consultation call to explore whether your property could benefit from PiP, then please get in touch!

Chris Moore,