There are no mincing words; the PLANNING station has been at ‘war‘ with Liverpool City Council for a few years over its resistance to rear extensions, including dormer roof extensions, in Kensington Fields Conservation Area [‘CA‘], Liverpool.
Darren was introduced to the problem by Crockwell Properties Ltd, which had many issues dealing with the Council over his intent to extend his existing HMO portfolio in the CA.
First, it refused to accept planning applications for properties converted into HMOs before its HMO Article 4 direction came into effect if they did not have a lawful development certificate. The direction removed permitted rights to transform a family home into an HMO, but in these cases, the use changes occurred before the direction took effect. In asking for a certificate, it was trying to add another layer of unnecessary bureaucracy. Was the Council’s motive to stop the intensification of the use of existing HMOs or a strategy to generate more applications and their requisite fees?
It took a while, but Darren found a workaround, and applications were validated and considered.
Over the years, the Council has refused most proposals in the CA for first-floor outrigger extensions and dormer window extensions to the rear. Darren has handled several appeals against the Council’s refusal of such developments. The Planning Inspectorate has allowed every appeal handled by Darren, and planning permission has been granted for each proposal.
In essence, the Council has lost the war. Extending to the rear of properties in the CA is acceptable, within reason. There are indications that the Council is starting to accept this. Some applications have since been approved.
In one appeal, the PLANNING station applied for a full award of costs against the Council. The Inspectorate did not support the application, although it agreed the Council was being unreasonable in part.
One thing is for sure: if the Council continues to refuse planning permission for developments similar to those deemed acceptable by the Planning Inspectorate, one of Darren’s cost applications will be allowed somewhere along the line. Then, the Council will have to take note. Otherwise, it will open the floodgates for more cost awards against it. That will be expensive and a waste of tax payer’s money.
Darren continues to help Crockwell Properties develop its HMO portfolio in the CA. He is just about to be appointed to handle several new projects.
The PLANNING station has helped several other individuals and businesses secure planning permissions for similar development in the CA through applications and appeals.
If you have any problems with Liverpool City Council, please get in touch with Darren. He would be happy to help you continue the fight.
