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.