Author Archives: lizzy

Conference on Ageing Population

BJC has organised and sponsored three conferences on the subject of ‘The Planning Implications of the Ageing Population’.  The conferences have been held at the Winchester Guildhall (2013) and in Merton College, Oxford (2014) and in the Old Court House, Brighton (2016).

Not enough housing is being built specifically for the elderly to enable them to remain in their own homes as long as possible. Even the concept of “Lifetime Homes” is inadequate as it relies on retro fitting houses. This is the last thing that the elderly wants to address as they face declining health and mobility issues.

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Planning Permission granted for Detached Annexe in Catherington

Planning permission has been granted by East Hampshire District Council for the conversion of an outbuilding to a detached annexe in the grounds of an existing dwelling. BJC successfully addressed the Local Planning Authorities’s previous concerns regarding the size of the annexe by proposing to convert only the upper floor of the outbuilding, with the ground floor to be used for the parking of cars.

To ensure that the annexe will remain as ancillary accommodation and will not be sold or let separately from the main house, a S.106 unilateral undertaking was signed by the owners of the property and submitted to the Council. The Planning Obligation also prescribes that no separate curtilage or planning unit should be established for the annexe.

Planning Permission granted for Change of Use in Farlington

Planning permission has been granted by Portsmouth City Council for the part change of use of a warehouse to a retail use. BJC successfully addressed the Local Planning Authority’s concern for providing a ‘sequential test’ in line with PPS4 requirements.

The permission was subject to a planning condition which made the change of use personal to the existing tenants.

Permission granted for New Vehicular Access and Garage to Listed Building

Planning permission has recently been granted for the above development at a Listed cottage in Hill Head. The development was designed to minimise its impact upon the protected building. This required the garage to be limited in height and constructed at a distance from the cottage. It also required the access to be provided in the optimum position to maximise visibility on to the road without adversely affecting the appearance of the front boundary treatment.

Issues of Ecology and Design are finally overcome

BJC have successfully negotiated planning permission for the extension of a detached property north of Fareham town centre. Permission had initially been refused for reasons of design and ecological issues, notably great crested newts. BJC was engaged to advise on a strategy.

The ecological issues were addressed by the employment of ecological consultants to survey the site and recommend mitigation measures. Although the ecological interest had initially been identified as great crested newts it was in fact the presence of a single bat dropping which necessitated the conditioning of measures to safeguard any possible risk to bats.

In terms of finding an acceptable design solution this required a large degree of perseverance on behalf of the applicant. Happily the final outcome has provided for the clients’ needs and is entirely in sympathy with the existing property.

Planning Permission granted for mixed use of site in Titchfield Common

Planning permission has been granted by Fareham Borough Council for the change of use of a site comprising a detached dwelling and ‘locally-listed’ barn to a mixed use for residential/respite foster care. The application also included some alterations to fenestration in the barn.

The applicants had provided respite foster care for children for many years in the main house, but wished to increase the number of children that could stay at the site. This was best achieved by converting the former agricultural barn to residential occupation. The Council advised the intensification of this use would result in a change of use of the whole site.

BJC successfully addressed the Council’s concerns regarding the potential for the barn to be used as a dwelling separate from the main house. A S.106 unilateral undertaking was submitted to the Council to restrict the use of the barn either to its stated purpose or to a use incidental to the enjoyment of the main dwellinghouse.

Lawful Development Certificate issued for Property in Waltham Chase

A Lawful Development Certificate has been granted for a property in Waltham Chase to be used as a dwelling house without an agricultural occupancy restriction. In 1998 the property had been subdivided to form two dwelling units without the benefit of planning permission. The original dwelling had been limited by an agricultural occupancy condition.

The previous owner of the property had appealed unsuccessfully against an Enforcement Notice concerning his non-compliance with the agricultural occupancy condition. The Enforcement Notice’s requirements passed onto the current owners when they purchased the property in 1998.

Normally an LDC cannot be issued where an Enforcement Notice is still in place. However, BJC was able to argue successfully that the original property did not remain as this had been sub-divided into two separate dwellings. These properties had existed in excess of 10 years and therefore the Enforcement Notice was no longer effective.