News

Please see below for our latest news updates, if you have any questions please contact us.

December 2011 – Bedford – Appeal allowed after committee overturns officer advice

Optimis Consulting was asked to help a client who had withdrawn an earlier application for a single dwelling prior to its refusal.  We worked with the LPA to achieve a desirable design and scale of dwelling located on the edge of a North Beds village.  The neighbour continued to vociferously object to the revised proposals and sought support from local politicians.

The application was recommended for approval at committee but after a deferred committee for a site visit; eventually the committee overturned the officer’s advice and refused the application. An appeal was lodged and four months later the proposals were allowed on appeal. After Optimis Consulting provided a robust statement to counter reasons for refusals the Inspector agreed with Optimis that the proposals were wholly in keeping with the design ethos of surrounding buildings and considered that with no technical arguments to counter the appellant’s case, it was a perfectly acceptable form of development, despite the protestations of the neighbours and Parish Council. (APP/K0235/A/11/2156842)

November 2011 – Central Beds – Renewing planning consents to keep development alive

A scheme for 11 dwellings in a farm yard design was granted consent in 2008, whilst the owners sought an opportunity to sell the site in a difficult economic climate.  In September 2011, Optimis Developments were asked to assist in the sale of the land, but the near expiry of the Listed Building consent and Conservation Area Consent would have scuppered any potential sale.  Such an expiry would have had significant financial implications, given the changes in policy that would have required a different development with affordable dwellings, reducing the overall land value.
Optimis Consulting are quick to identify the problem and immediately sought extensions of time on the key consents.  Renewed consent was granted in November 2011, within time and the applicant has now been able to sell the site at the highest possible value.

October 2011 – Bedford – Permission for a redevelopment to create 10 dwellings

Optimis Consulting was instructed to project manage the redevelopment of a site of derelict garages and two existing residential dwellings. The existing dwellings were inefficiently located and the site was capable of accommodating 10 new dwellings.
After protracted pre-application discussions with a senior planner at Bedford Borough a conceptual layout was evolved that was considered acceptable to the officer.  The resultant application was submitted and frustratingly handed to a different officer, through which further renegotiation of the design concept was achieved.  Despite some vociferous local residents and an unwavering Parish Council, the application was due to be taken to committee for approval, but with substantial opposition.
The Development Control Manager withdrew the application from the committee agenda to seek further amendments and the application resubmitted for approval to the next committee.  Late on the application was withdrawn again after the Chief Planning Officer decided to tweak the scheme yet further. In October, nearly a year after the pre-application discussions provided a general accord for a scheme not vastly changed but tweaked on many occasions by various senior officers, it was submitted to and approved at committee subject to a section 106 agreement being signed.
Optimis Consulting is always willing to work closely with LPA’s to secure an agreeable design solution to major sites of ten dwellings or more and although this may sometimes take longer than expected, the end justifies the means. (11/00581/MAF)

August 2011 – Bedford – change of use from retail (A1) to café A3

The redevelopment of Bedford Town Centre has introduced a cultural quarter that consists of a mix of residential dwellings and retail shop units.  Standalone restaurant buildings were introduced to the scheme to provide variety with the small shops nestled on the ground floor of an impressive residential apartment building.
Optimis were asked to assist a client wishing to rent one of the many vacant shop units and seek permission for a change of use to a café.  After detailed dialogue with the environmental health department, it was agreed how a use could be designed that would otherwise receive their support, despite being on a restricted shopping parade designed to exclude A3 uses because of impacts on neighbouring residents.

Arguing for the benefits of economic regeneration as well as taking a common sense approach to what impact a café may have on residents in a town centre an application was submitted and fully supported by the most crucial of consultees.  The application was duly approved and the key to the success was the pre-application negotiation with the consultees, prior to the application being registered. (11/01275)

July 2011 – Central Beds – Significant renegotiation of a section 106 agreement

Central Beds Council has an adopted planning obligations calculator which sets the financial contributions for residential developments.  A developer had received permission for 29 dwellings and was asked to provide affordable housing as well as a contribution of over £400,000 for various planning obligations.
Optimis Consulting was asked to attempt to negotiate with the Council after they had rebuked the protestations by the applicants to the contributions proposed.  In the first instance Optimis sought clarification from the LPA on their justification for the proposed contributions.  After seeking further information the LPA were unable to give any credible defence of their requirements and Optimis made an offer to the LPA to seek a significant reduction.
After negotiations with the LPA it was agreed that a more appropriate contribution of c. £250,000 was acceptable to the LPA.  Despite the existence of an adopted policy for the calculation of section 106 obligations, Optimis were able to negotiate a saving to the landowner of over £150,000.

June 2011 – Canterbury - Appeal allowed following the refusal of an unauthorised bungalow

A developer had bought a site with a permission to build a bungalow in a back land position, but built it in variance to the permitted plans.  The permitted plans had assumed a level site which was far from the case in reality and so the developer made some practical alterations, including raising the roof pitch.
An enforcement notice was duly served and was appealed by the developer under various technical grounds, but not on Ground A, planning merits of the scheme.  The appeal was dismissed and the Council asked for the dwelling to be demolished.  Optimis Consulting was consulted by the developer to seek a resolution without the building being altered let alone be demolished.
It was clear that the unauthorised variation to the roof had attracted local opposition and Optimis contacted the Council to agree a pragmatic way forward and an application was submitted to retrospectively seek approval for the variations on the premise that the planning merits of the unauthorised roof had not been properly tested through the planning procedure.  Local opposition was overwhelming and despite early positive indications the LPA refused the application due to impact on the amenity of neighbours, under delegated powers.  Accordingly an appeal under written representations was lodged.

The main argument centred around the impact of the increased roof height and pitch and the apparent detrimental impact on the amenity of adjoining residents.  In particular a neighbour living in a bungalow next door, albeit on a lower level had been successful in pushing a case for refusal.  An argument was presented by Optimis Consulting that by using BRE guidelines the unauthorised dwelling on the appellant’s site would not cause an unacceptable impact on the amenity of adjoining residents and that the planning merits of the scheme as built should be approved.

The Inspector was wholly supportive of the appellant’s case and the appeal was allowed, despite the previous appeal being dismissed for the same unauthorised roof only one year previously. (APP/J2210/A/11/2144964)

May 2011 – Dartford - Revised application approved for house extensions

An applicant who owns a pair of semi-detached dwellings had been refused permission to extend both dwellings, due to an unacceptable impact on the amenity of the adjoining occupiers.  Optimis Consulting was introduced to negotiate a scheme of similar floor space, with the same level of accommodation, but under a redesign to overcome the planning objections.
Working closely with Mark Horner Architects a new scheme was conceived that was predicated on the principle of using permitted development rights to set the context and position of the single storey elements whilst introducing two storey extensions in less controversial positions to reduce the impact on adjoining residents.
Using the BRE guidance on the protection of sunlight and daylight in to adjoining buildings, a scheme was conceived that despite creating a similar footprint, level of floor space and quality of design was able to pass all the Council’s tests.  The application was approved, despite local opposition under delegated powers as the LPA could find no robust reasons for refusal. (DA/11/00376)

April 2011 – Barnet – Appeal allowed against a refusal to convert a house into flats in Hendon.

A house that had been subject to a difficult planning history of failed consents, enforcement and various unauthorised uses was acquired by a client who was keen to spot not only the commercial opportunity of the property but also to regularise the planning position on the site for the good of all. An application to convert the house into two flats had been refused although on very spurious grounds.
Optimis were asked to prepare an appeal in December 2010 and speed was of the essence given the commercial issues at stake for the owners. It was agreed that Optimis would only charge full fees if the outcome was successful, to demonstrate our confidence but also mindful of the commercial implications to the owner. Site visits were held immediately and a robust case put together and submitted within a month of instruction. The appeal was allowed less than 3 months from its start date and in reporting the Inspector wholeheartedly agreed with the planning case presented by Optimis Consulting. (APP/N5090/A/11/2143868)

March 2011 – Harrow -Quashing of an Enforcement Notice for an unauthorised conversion in Kenton.

A client had obtained consent to convert his house into two flats but it was more viable to create three smaller units, within the same floorspace. The quality of the conversion was of the highest standard and commercially considerably more viable, however, the additional unit was unauthorised. Harrow Council served and enforcement notice, requiring the owner to convert back to a single dwelling house, despite a consent being issued for a conversion into two flats.
Optimis prepared an appeal under a number of grounds, due to the poorly considered Enforcement Notice, that was onerous and unreasonable, but more fundamentally had not considered whether the change would cause any material impact in planning terms. The case was strong but a successful outcome not guaranteed, however, the Inspector agreed with all of the planning points that were raised by Optimis and the appeal allowed on planning grounds and the Enforcement Notice quashed. (APP/M5450/C/10/2140983)

February 2011 – UK Planning Consultant of the Year 2010 Finalist!!

Optimis Consulting is a Finalist at the Royal Town Planning Institute UK Planning Consultant of the Year Award, 2010!
After a detailed presentation and interview with the judging panel, Optimis were recognised as providing an exemplary contribution to the planning profession. Although Optimis did not take away the coveted winning prize, being second best in the UK is a fantastic achievement and justifies the professional approach to negotiating the planning process.

February 2011 – Bedford- Planning and Listed Building Consent for an extension to a Grade II Listed building in Bedfordshire.

Approval was given for a significant extension to a Grade II listed cottage that had been almost untouched since the 1950’s. The client had spent six years working with the local authority to bring the former agricultural workers cottage into reuse, but had been knocked back on several occasions with the conservation officer proving a difficult man to please.
Optimis were referred to the owners, following a recent success locally and were challenged with the task of convincing Bedford Borough Council to permit some essential development. Working in conjunction with Ellipsis architects, who specialise in historic buildings, Optimis were able to work closely with the Council Planning and Conservation Officers to establish a positive rapport. Early consultation with neighbours ensured that the final design was aesthetically pleasing and respectful of the heritage asset, whilst providing some vital enabling development to justify the expensive cost of renovation. Permission was granted without dispute and the project a success. (10/02521)

January 2011 – Land sold to Bellway Homes by in Broxbourne

Optimis provide advice to landowners about the sale of the prized property assets. The process is sometimes lengthy, but more often than not very rewarding! After 6 months from the issue of a planning consent and having overcome a third party Judicial Review, our client was able to finalise the sale of land to Bellway Homes, who had acted with honour and commitment throughout the process.
The sale of the land completed in January 2011 and the client is pleased to release vacant land for redevelopment and Bellway Homes are now delighted to be able to build 13 luxury homes in the heart of Broxbourne.

December 2010 – Gateshead – Unauthorised structure remodelled through constructive dialogue with LPA.

When a client in Gateshead, some 230 miles from Bedford seeks assistance in an enforcement matter, it can only demonstrate that Optimis are able to provide such excellent service that clients are happy for us to travel outside of our traditional south east neighbourhood! The client had been ill advised to build a large roof extension without planning permission and the retrospective application was refused. Enforcement proceedings were pending, when Optimis received the call.
There was little doubt that an appeal would be difficult to win and the client was advised that Optimis would seek to establish a positive rapport with the planning department and attempt to negotiate a satisfactory compromise. Although it would require alteration to a now completed roof extension, a pragmatic approach to construction issues and planning constraints would be necessary. After various meetings and dialogue a solution had been agreed, the subsequent planning application submitted and approved all within the 8 week timescale. Optimis employed an open dialogue to problem solving and through a constructive dialogue with the Council a solution was achieved, without enforcement or appeal proceedings being required. (DC/10/01151)

November 2010 – Dartford -Appeal allowed for sustainable apartment development in Dartford.

The client had worked with the planning officers to obtain their support and yet a recommendation for approval was overturned at committee. A common occurrence but planning is a democratic process and such professional considerations are to be tested by members, the question is whether the member’s judgement is sound.
Optimis were approached and asked to appeal against the refusal for the redevelopment of a single dwelling to 7 apartments near to the town centre of Dartford. The desire to generate additional affordable units together with the commercial practicality of redevelopment ensured that a positive outcome would benefit both local people and the client. Accordingly a robust case was prepared and in November 2010 the appeal was allowed (APP/T2215/A/10/2132715).

October 2010 – Office Move! Optimis move into the heart of Bedford

Optimis has now set up camp in an office conversion within the new Cultural Quarter of Bedford off Castle Lane. Working in an office boasting fantastic views of the River Great Ouse and Castle Mound, it is ideally placed adjacent to the town’s High Street. The office is shared with one of the country’s leading experts in graphical design illustration, Urban Graphics, whose proprietor has worked at the summit of the design industry for many years.
Optimis are able to benefit from the services of Urban Graphics to enhance the presentation quality of our work and deliver high quality documents to ensure that projects are given the greatest opportunity for success. Come visit us both at 31 Castle Lane, Bedford, MK40 3NT.

October 2010 – Ealing – Garden grabbing it isn’t; appeal allowed in Ealing.

There are times when clients start the appeal process and then realise that the experts are needed. The client had had an application refused for a modern sustainable home on a site with houses backing on, on all four sides. Optimis were called to prepare an appeal statement and with little time to present it, but we achieved the target set.
To make matters more difficult the Government announced that garden grabbing must come to an end and so this case proved to be an important early test of the Planning Inspectorates judgement on the issue of the day. The case was made that for site specific reasons that this wasn’t strictly garden grabbing as the site had been self contained for many years, but also that design was a key component of the case and being sustainable and of the highest quality, it should be supported. The appeal was allowed in October 2010 to the delight of the client. (APP/A5270/A/10/2125617)

September 2010 – Islington

Our client was refused an application, identical to a recently expired consent for two roof lights to the front and two dormer windows to the rear of her property in the Canonbury Conservation Area, Islington. One of the finest Conservation Areas in the Borough, but the scheme was well designed and wholly in keeping with the area. OC were asked to appeal the decision and although the decision took 7 months, it was successful and the Inspector completely supported our case for consent on 9th September 2010. (APP/V5570/A/10/2122849)