Location:
Buckinghamshire Council (Chiltern area)
Issue:
Securing multiple residential permissions following previous refusal in a Conservation Area and District Shopping Area
How we helped and added value:
Our client asked us to advise on securing permission for the change of use of a mixed-use building into residential apartments in the Chesham Conservation Area and District Shopping Area. We reviewed the site and identified that a previous ‘prior approval’ for a permitted development change of use had been refused permission on the basis that the lawful use of the building as offices had not been proven. To overcome this, we proposed a multi-application strategy whereby the previous refusal reasons could be addressed and each application would have the maximum prospect of being granted.
Our first application for a permitted development change of use to two apartments was supported by the Council as we were able to demonstrate through evidence and planning arguments the parts of the building it covered were lawfully in use as offices.
Two separate full planning applications were made sequentially. The first of these demonstrated that there would be no detrimental impact on the conservation area with respect to the external changes required, and would in fact add the viability and vitality of the high street and contribute to much needed housing in the area with no objections raised on the loss of the commercial floorspace. This application granted permission for six apartments.
A final full planning application for the conversion of part of the ground floor retail unit to one residential apartment was then made. The site is located in a District Shopping Area, a designation that protects against the loss of ground floor retail space. Based on a review of the nature of the protective policy and other applications in the high street, we advised that there was a reasonable prospect of planning permission being granted for some form of residential conversion by ensuring the appropriate level of retail space would remain. We advised the client and architect on the design and layout of the apartment, maximising its space whilst allowing for some of the retail space to be retained that would front onto the high street. The layout was designed so that if at the application stage the Council raised concerns with this, it could easily be amended to reduce the size of the apartment from two bedrooms to one, and still work. This was kept in reserve a potential fall back. However, the Council accepted the arguments put forward in our Planning Statement and granted full planning permission for the original and larger scheme.
In total, nine apartments have been granted planning permission, and the strategy ensured that the none of the applications were liable for an affordable housing contribution. We also negotiated with the Council to avoid any CIL payments and no pre-commencement conditions were imposed, meaning that our client can start the conversion works straight away with no further approvals required.
