Introduction

NT Planning Ltd, renowned for their expertise in navigating planning challenges, recently achieved a significant victory in a planning appeal case. When a planning agent received a decision to refuse planning permission for alterations to the rear access stairs to form a balcony and new stair access in Melton Mowbray, Leicestershire, NT Planning stepped in to assess the situation. By uncovering key discrepancies and highlighting the appellant’s unique circumstances, NT Planning successfully appealed the refusal, leading to a favorable outcome for their client.

Challenging the Refusal

Following the refusal, NT Planning thoroughly reviewed the case and found that objections had not been raised against the application. Moreover, correspondence with the Local Planning Authority revealed that the case officer had not visited the balcony and made an accurate assessment. Instead, the refusal was based on the mere visibility of the balcony from a nearby road, overlooking concerns, and privacy issues. Recognizing the opportunity to present a strong case, NT Planning decided to proceed with an appeal.

The Appeal Statement

NT Planning lodged an appeal by submitting a comprehensive statement of case. The statement highlighted the existing screening to the balcony and emphasized that the appellant, due to a disability, could not access the rear garden, making the balcony her only available outdoor amenity space. By emphasizing the importance of the balcony in addressing the appellant’s specific needs, NT Planning aimed to overturn the refusal and secure permission for the alterations.

Appeal Decision and Equality Considerations

The appeal decision yielded a favorable outcome for NT Planning’s client. The inspector acknowledged the appellant’s disability and the necessity of providing accessible amenities. In citing the Public Sector Equality Duty (PSED) outlined in section 149 of the Equality Act 2010, the inspector emphasized the obligation to eliminate unlawful discrimination and advance equality of opportunity, particularly for people with disabilities. The balcony addition was deemed consistent with these obligations, ensuring the appellant’s acceptable living conditions, safety, inclusivity, and promoting health and wellbeing.

Conclusion

NT Planning’s success in appealing the refusal for the alterations to the rear access stairs and the addition of a balcony demonstrates their expertise in navigating complex planning cases. By uncovering discrepancies and highlighting the appellant’s unique circumstances, NT Planning effectively challenged the decision and secured a favorable outcome for their client. The emphasis on accessibility and the fulfillment of equality obligations played a crucial role in the appeal decision. NT Planning continues to provide professional planning services, advocating for their clients’ needs while adhering to planning regulations and promoting inclusive and accessible environments.