Inspector rules bespoke home would harm the setting of listed buildings in the countryside25/8/2017 We were pleased to be informed of the dismissal of an appeal for a new dwelling within the countryside and setting of a listed building in Storrington. Murphy Associates provided consultee comments in respect of the initial submission expressing the opinion that harm would be caused to the setting of the designated heritage asset.
The main issues are: the effect of the development on the character and appearance of the area and the settings of the nearby grade II listed buildings, St Joseph’s Hall (the Hall) and the pair of cottages at St Joseph’s Hall (the Cottages); and whether the site would be a suitable location for a house, having regard to local and national planning policy concerning development within the countryside. The Inspector concurred with this view and duly dismissed the proposal stating that: "I consider that while there would be significant harm to the setting of the Hall and the Cottages, overall the harm to the listed buildings would be less that substantial, given that the development would involve no works to the listed buildings’ physical fabric. That being said I consider that there would be no public benefits to the listed buildings weighing in favour of this development. The absence of substantial harm to the listed buildings, in the Framework’s terms, however, does not usurp the statutory duty to have special regard to the desirability of preserving the setting of these listed buildings." The decision can be viewed at:https://public-access.horsham.gov.uk/public-access/simpleSearchResults.do?action=firstPage
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The Ice and Tan House, Rock-a-Nore, Hastings to see new life as the home of the Old Town Surgery.25/8/2017 After a fraught planning process, Hastings Borough Planning Committee Members unanimously overturned Officers' recommendation for refusal of the use of the vacant Ice and Tan House as the home of the Old Town Surgery, Hastings.
Eimear Murphy of Murphy Associates teaming up with Patrick Arthurs of APD worked with the applicant's and vendor's teams responding and addressing every issue the LPA raised. Although recommended for refusal, we considered the reasons presented could not be defended. Patrick attended Committee to represent the applicants. Sense prevailed. Members approved the proposed use. The entire team are very pleased with the outcome! The case can be viewed at: http://publicaccess.hastings.gov.uk/online-applications/simpleSearchResults.do?action=firstPage - HS/FA/16/01010 Prepared by Eimear Murphy of Murphy Associates and Eddie Booth of the Conservation Studio, the draft appraisal is not out to consultation. The consultation period runs from Monday 7 August until Monday 9 October 2017. Follow the link below for the consultation on the Appraisal - http://planningpolicyconsult.eastbourne.gov.uk/consult.ti/TCS_CAA/consultationHome  Northern Ireland 's planning powers transferred to the 11 super councils in 2015. Over 2 years on generally the process had bedded in but there are still some niggling issues to be ironed out. Nevertheless, at Murphy Associates we are encouraged to see that the process is working.
It is encouraging to see so many planners returning to Northern Ireland to take up planning positions in the super councils and bringing with them experiences of the processes and procedures from England, Scotland and Wales. We work throughout England, Northern and Southern Ireland. We work for Local Authorities on specialist and complex projects, change and performance management, public inquiries and prosecution cases. We also work for private companies and individuals assisting with planning submissions and supporting statements, guiding clients through the maze of planning and the complex issues that each case can bring. We also provide a drawing service and access to a wide range of consultants that can be brought on board where required. With the processes now operating in Northern Ireland, we are well-placed to act as planning agents and consultants on a wide range of planning matters.  Indulging the wee fella playing in the local GAA @Clonduff Blitz for St. John Bosco GAC U6s.
.Eimear Murphy of Murphy Associates and Eddie Booth of The Conservation Studio combined efforts to produce the draft Eastbourne Town Centre and Seaside Conservation Area Appraisal celebrating the area's special architectural and historic interest as well as its uniqueness.
Our next area is in Kent so what this page for further updates.  We work throughout the UK - from the South Downs to South Down and have the best of our two locations.
Working in collaboration, Murphy Associates and Arthurs Planning & Development (APD) and with legal input from Geoff Johnson, secured a Certificate of Lawfulness for the use of an outbuilding as a self contained dwelling.
The outbuilding, in the countryside, became home to a West Sussex family 4 years prior to the application and this was proven in the evidence produced and content of Statutory Declarations. A case where the LPA Officers took time to consider the facts of the case, were understanding and yet allowed Murphy Associates and APD to address any doubts. A successful outcome all round and happy clients! Although you may not see us on the ground, we are already acting for a number of private clients on planning cases in Northern Ireland. In fact, we have been providing advice and planning services to clients since the millennium when Eimear was working in Dublin as a Planner/Urban Designer!
We have been successful in obtaining planning permission for a new detached house with stables and menage in the Green Belt around Newry; quashing Enforcement Notices and securing the retention of a bespoke Agricultural Engineering Business in Armagh; advised on the removal of an agricultural occupancy conditions; alterations to Listed Buildings, Agricultural Dwellings. We currently represent clients - either as applicants or objectors - with ongoing cases and have employed a Planner to assist in our growing case load. So it's with this space! Eddie Booth of the Conservation Studio and Eimear Murphy presented a joint experience of 'Lessons Learnt from Public Inquiries' at a joint RTPI/IHBC Event on the 'Setting of Heritage Assets' in Canterbury on 10th May 2017.
It was well attended with interesting speakers including the Chair, Martin Small of Historic England;, Canterbury's Heritage Champion - Cllr Robert Thomas; Dr Andy Brown, Historic England; Karen Britton of Canterbury CC and Richard Knox-Johnson of CRPE SE Region. Follow the link below: http://www.rtpi.org.uk/media/2392228/3._eddies_and_eimear_setting_of_heritage_assets_-10_may_17.pdf After a long protracted process, we finally obtained planning permission for a Kent family to remain in their home within the grounds of the rural enterprise - albeit tied by a personal condition and temporary.
We now have to address more pressing matters before reviewing the position. Developers who quashed Sussex neighbourhood plan lose appeal - 72 unit housing scheme dismissed19/12/2016 The Developers for a site at Sandgate Nurseries, Henfield, were successful in challenging the lawfulness of the Henfield Neighbourhood Plan but failed to achieve success following a public inquiry on their own site for a residential scheme which fell outside the Built Up Area Boundary. .
Secretary of State, Javid concurred with the Inspector on the recovered appeal and refused appeal for redevelopment of the former Sandgate Nurseries, He noted that the planning authority could demonstrate a five-year supply of housing sites. He agreed with the inspector that the scheme was not in accordance with the development plan overall.Javid concluded that a number of matters weighed against the proposals in terms of harm to the landscape character and appearance of the area and the setting of a listed building. Crucially, design issues surrounding the scheme also proved a key factor in its refusal. The decision letter can be read here. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/576231/16-12-12_DL_IR_Sandgate_Nurseries_Horsham_3001703.pdf Murphy Associates acted as an expert witness for Horsham District Council on hertiage matters on this case. The Inspector agreed that less than substantial harm would be caused to the heritage asset - not as high as the defedant's evidence but nonetheless not as inconsequential as presented by the Appellant's witness. commenting that assessing the impact of a development on setting "should not be a matter purely of percentages but of the quality of the surrouding land.". On the back of this decision issued on 12th December 2016, a deferred public inquriy that was due to restart on 14th December 2016 was withdrawn by the appellants for a site outside the BUAB of Ashington involving 5 yr housing land supply challenges, landscape, visual amenity and the setting of heritage assets including a non-designated parkscape, Murphy Associates also acted as an expert witness in this case and provided evidence earlier in the year.
A successful outcome for clients when their appeal against Mid Sussex District Council for a garage with accommodation above was allowed. One of the key issues for refusing the application related to whether the development would preserve the setting of the grade II listed buildings that once formed a farmstead and harm to its remaining rural setting despite the LPA acknowledging that it had already substantially compromised.. The Inspector agreed with the stance in our appeal statement stating that:
"Accordingly I find that the new building would not look out of place within the grounds of the listed buildings, given that those grounds now have a very domesticated appearance. That domestication being the product of these heritage assets’ evolution from agricultural buildings in a farmland setting to residential premises in a heavily built up area ... and I am therefore not persuaded that this development, given its scale and siting, would result in an unacceptable loss of the garden setting to these heritage assets.'' |
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