Sarah Holden, a homeowner in Nottingham, instructed Aldwych Legal after Nottingham City Council refused planning permission for a modest rear extension intended to meet her family’s needs. The dispute concerned planning permission law and an appeal to the Planning Inspectorate under the Town and Country Planning framework.
What Happened
Mrs Holden submitted detailed plans for a single-storey rear extension that complied with the council’s published guidelines and the neighbourhood design guidance. The application included scaled drawings, a daylight/privacy assessment and a short design statement demonstrating proportionality and materials to match the existing house.
The council refused the application, citing adverse impacts on privacy, design and neighbourhood character. The refusal delayed the project, increased costs and left the family unable to proceed with essential alterations.
Legal Issues
- Whether the council properly applied the Local Plan and the National Planning Policy Framework (NPPF) when assessing design, scale and residential amenity.
- Whether the decision was unreasonable or unsupported by evidence, engaging public law principles under the Town and Country Planning Act 1990.
- The client’s right to challenge the decision by way of an appeal to the Planning Inspectorate and to seek a fair, evidence-based assessment.
Our Approach
Aldwych Legal reviewed the refusal notice, officer reports and the Local Plan policies relied upon by the council. We instructed a chartered planning consultant to provide a focused professional commentary and a neighbourhood impact assessment.
We prepared a compelling appeal to the Planning Inspectorate supported by the planning consultant’s report, compliance evidence and clear comparative examples from the immediate area. Correspondence with the council and careful case-law analysis underpinned the submissions.
Outcome
The Planning Inspectorate allowed the appeal, finding the council’s reasons for refusal were not supported by the evidence and had been applied inconsistently with planning policy. Full planning permission was granted for the proposed extension.
Mrs Holden was able to proceed with the works without further restriction, avoiding additional delay and further unnecessary expense.
Result / Why It Matters
This outcome demonstrates Aldwych Legal’s practical experience in planning permission disputes in Nottingham, ensuring councils apply planning law correctly and helping homeowners secure fair outcomes through the statutory appeal process.
