The Green Man Matlock

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The PS has helped secure planning permission for the change of use of part of a retail premises in Matlock Conservation Area to a micro pub.

I was appointed following Derbyshire Dales District Council’s refusal of my client’s planning application for the change of use.

The Council’s main concerns were the effect on the living conditions of the occupiers of nearby properties, with particular regard to noise and disturbance and whether the proposed use would ensure a safe and accessible environment, with particular regard to the prevention of crime and disorder.

I prepared and Full Statement of Case counteracting the Council’s assertions that the development was unacceptable including the provision of evidence based on Police.UK statistical reports relating to anti-social behaviour crimes in the vicinity of the appeal site. The Statement was also supported by a noise assessment undertaken by Noise Assess. The Planning Inspectorate subsequently agreed with all our arguments and granted conditional planning permission for the appeal proposal giving us a decisive will against the Council.

Application for an award of costs

I was disappointed that the Council, faced with compelling evidence provided in my statement and supporting evidence, did not through the course of the appeal, remove its reliance on some reasons for the refusal. On my clients behalf I lodged an application for an award of costs against the Council. While the Planning Inspectorate did not award costs against the Council it did conclude that the Council had behaved unreasonably:

“However, I do not agree with the Council on either of these matters. Based on the evidence before me, it should have been apparent to the Council when the appeal evidence was submitted that the proposal was acceptable and that conditions were capable of dealing with issues previously identified. I therefore consider that the Council acted unreasonably in persisting in its objection to the scheme after the submission of appeal evidence.