Assignment 1: Planning Officers Report

7LFS1015-1101-2021 Planning Law, Policy

& Practice

Name: Muhammad Ali

Student ID: 20065124
Contents
Introduction..................................................................................................................................................1
The Planning Application. .........................................................................................................................1
Discussion .....................................................................................................................................................1
Green Belt Policy ......................................................................................................................................1
Infillings ....................................................................................................................................................2
Protection or Enhancement of Heritage Assets .......................................................................................2
Conservation Areas...................................................................................................................................2
Accessibility and Parking Policy ................................................................................................................3
Conclusion ....................................................................................................................................................3
Introduction
The Planning Application.
An application has been made by the owner of the pub for full permission to build a 4 bedroomed
house in the garden of the pub. The report will evaluate the application of the new development
on the basis of the National Planning Policy Framework whether to approve the application or not.
We will go through in detail about the policy and the application.

Discussion
It is very important to understand the planning and development law of the locality before many
any progress with any project. After thoroughly going through the National Planning Policy
Framework (NPPF) which guides us in cases where a new application is made for the building of
a new house. The decision I make would be according to the NPPF policy and guidelines, and I
can’t make an exception to those. This case is pretty complicated it involves many clauses of the
policy. My decision is I can’t allow the building of anything in the garden of the pub and are many
reasons behind that based on the National Planning Policy Framework. While development here
would amount to limited infilling, the proposals did not fulfill the exception in NPPF green belt
policy for this type of development due to the site's location beyond the designated boundary,
thereby placing it in the countryside for planning policy purposes.
Green Belt Policy
The very first law of the NPPF apply to this is Policy CS13 The Green Belt. Within the Green Belt,
there is a general presumption against inappropriate development, and such development will not
be permitted unless very unusual conditions exist, but no such circumstances exist in this case.
The NPPF will be used to evaluate development projects in the Green Belt, including those
including previously built land and structures. Limited infilling within the village envelopes of
those parts of Godric's Hollow, Ottery St Catchpole, and Little Whinging that are in the Green Belt
will be considered appropriate if it is sympathetic to its surroundings, retains and protects features
essential to the character and appearance of the village, and complies with other relevant policies
in this Plan; however, this is not the case in this application. according to the NPPF, the Site
Allocations DPD will identify village envelopes for limited infilling in Godric's Hollow, Ottery St
Catchpole, and Little Whinging. Key Green Belt Sites (previously known as Major Developed
Sites) contain established educational, research, and other institutions within the Green Belt and
are suitable locations for appropriate infilling: Development within defined boundaries for infilling
will be considered acceptable, and these boundaries will be revised, but the application doesn't
comply with this exception as well. The Green Belt boundary will remain unchanged from that
shown in the Hogswater Local Plan. Hogsmeade is classed as a small rural village within the green
belt which remains largely residential in character and land use. Under this policy, the application
cannot be entertained.

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Infillings
The second relevant policy is of infilling the applicant might think of this development as infilling
but this does not comply with the NPPF policy. According to the policy, infilling is defined as the
construction of a small number of additional housings, often one or two houses, in small gaps
within a village's established development. However, we can see in this application that there is
very little space left, which could lead to a slew of other issues such as parking or limited infilling.
For the sake of clarity, a "development boundary" for Godric's Hollow, Ottery St Catchpole, and
Little Whinging has been proposed, within which restricted infill construction will be considered.
The infilling boundary will be established as part of the Site Allocations DPD. In this case, there
are no special reasons which allow me to accept the application, therefore development outside
that limit will be judged contradictory to the aims of including land within the Green Belt and will
be refused.
Protection or Enhancement of Heritage Assets
The third NPPD policy which does not allow me to process the application further is Policy CS14
Protection or enhancement of heritage assets. Which says that all development proposals must
conserve or enhance the historic environment of the Borough in order to maintain and where
possible improve local environmental quality. Conservation Areas, Listed Buildings, Historic
Parks and Gardens, Scheduled Ancient Monuments or their setting and identified and yet
unidentified Archaeological Remains should all be sensitively designed to a high standard and not
cause harm to identified, protected sites, buildings, or locations of heritage or archaeological value.
When making decisions impacting heritage assets and their settings, I am bound to use available
historic environment characterization studies, such as Conservation Area evaluations and
archaeological assessments. The application site fronts the village green and Back Lane in
Hogsmeade, thus having a prominent location. The Three Broomsticks public house is a Grade II
listed building and Hogsmeade village in a Conservation Area. The development is in the area of
both listed buildings and the conservation area. There are further sections in the NPPD policy to
support the preservation of old buildings which are identified as heritage assets.
The policy is as follows: According to SADM29 - Heritage Assets, planning applications will be
considered in accordance with the NPPF; however, if applications are submitted for proposals
affecting any heritage asset, the applicant must clearly explain the proposal and provide sufficient
detail to allow for an informed decision. No sufficient data is provided to justify the development
of this application. The significance of the heritage asset and the potential harm to it will be
considered by the Council when evaluating proposals. I cannot approve any development in the
property because I believe it will endanger the heritage site. Hence the Council will not approve
development plans that do not maintain, conserve, or, where possible, enhance the heritage asset's
significance, character, and appearance. The proposal's scale, design, use, and character, as well
as the particular stipulations that follow, are all be considered.
Conservation Areas
Let's take a closer look at conservation areas and what the NPPF says about them. The Council
will strive to: preserve buildings, structures, and historic features, preserve vital open spaces and

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views, avoid the cumulative effect of smaller-scale proposals hurting the region; and acquire
enhancements that enhance the area in Conservation Areas.
Proposals that result in the loss of buildings and structures in Conservation Areas will be rejected
unless: the building or structure is beyond economic repair, or its removal and replacement would
improve the area's character or appearance. The Council has also considered any new information
provided by a Conservation Area Appraisal, such as buildings identified as contributing positively
to the Conservation Area. The approval of the application to establish a new building in the pub's
garden is not supported by even a single element of the policy, therefore I insist on not approving
the application in accordance with the law.
Furthermore, the development of the new building is also seen as a threat to the existence of the
pub, which has been in the area for a very long time. It is believed by the people that the economy
of the village depends on the pub and the demolition will have a serious impact on the economy
of the village. It seems that regardless of the NPPF policy the new development will also have an
impact on the people living in the surrounding. This can involve other human rights issues as well,
which may even further complicate the case.
Accessibility and Parking Policy
Another policy that makes the approval even difficult is Policy CS25 Accessibility and parking.
According to this policy, the amount of off-street parking for all modes of transportation to be
supplied at new developments will be based on an assessment of a site's location, local on-street
parking circumstances and controls, and many other factors, but these two are relevant in this case.
As after the building the house there won’t be enough space for parking which will lead to parking
in the street, and the streets are not in a condition to accommodate any other parking.

Conclusion
It is not an easy decision to make, I don’t want someone to suffer because of my incompetent
decision or don’t to compromise with the law out of sympathy either. The decision is always hard
as people’s lives depends on it and also the environment. The decision I have made is after very
thorough considerations of the NPPD policy and other relevant facts and figure. In a nutshell, the
policy has made it very clear on many fronts that the application cannot be approved. The policy
involved in this application is Policy CS13 The Green Belt, Policy CS14 Protection or
enhancement of heritage assets, Policy SADM29 - Heritage Assets, infilling related policy, and
Policy CS25 Accessibility and parking. Based on the above-mentioned policies I have decided not
to approve the application to develop a building the garden the pub. I have analysed and reached
to a conclusion that the new development is a threat to the green belt, the heritage assets, and there
is no special circumstance that allows me to no approve the application.

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