The Local Plan requires three tests to be met before an agricultural occupancy condition can be removed. The Council accepted that the first two were satisfied in relation to the functional need but refused the initial planning application solely because the property had not been marketed for 12 months.
Our case demonstrated that marketing would serve no meaningful purpose because:
The Inspector agreed, stating:
“A compelling argument pertaining to the site-specific circumstances has been made… marketing is not essential in this particular case.”
The appeal was therefore allowed, and the occupancy condition removed.
In a separate, but equally important decision, the Inspector granted a full award of costs against the Council.
The reason was clear: the Council had failed to properly consider the ‘other material considerations’ we presented, particularly around valuation and affordability. As the Inspector observed:
“There is a noticeable absence in the officer report of the material considerations presented by the applicants … This constituted unreasonable behaviour.”
The Inspector concluded that the Council’s approach had prevented or delayed development that should clearly have been permitted, justifying a full award of costs.
If you are considering a project and you would like to discuss with us, drop us a line or give us a call - we'd be happy to give our initial thoughts from a planning and architectural perspective.
5.0 rating of 17 reviews
I was extremely pleased by the service provided by Dan Foster at Salmon Planning Company. He provided advice in relation to securing planning approval for the conversion of a barn to a residential annexe, leading to a swift and successful outcome. His advice was timely, thorough and well reasoned and his effective communication with the planning authority led to an outcome which would not otherwise have been likely. The support provided proved to be money well spent.
Excellent all round service from Nigel and his knowledgeable and experienced team. I have recommended them to many people in the past and will continue to do so in the future as they listen, understand and work with clients to deliver achievable results.
Prompt, professional and client-focused. Would highly recommend Salmon Planning, thank you!
The Salmon Planning Team assisted me with an assessment of development potential in the Conservation Area of a rural Oxfordshire village. The advice I received was extremely helpful both in its decisiveness and clarity and backed up by a very useful written report. I would be happy to recommend the company for those looking for a very experienced and professional planning-led team. I wish I had contacted a planning-led architectural firm first off rather than having expensive plans drawn up by an architect and then refused by the Local Authority! It would have been a much cheaper exercise.
Excellent end-to-end experience and advice for our listed property in Brighton. Would highly recommend
I was very pleased with the services and advice provided by Salmon Planning. I also thought the in-house architecture / drawing service worked well - saving costs, time and generally making things far more efficient. We managed to easily secure consent for something that I thought might be fraught with issues. Nigel is also very well informed on local / Somerset matters. Highly recommend!
Dan and the rest of his team at Salmon Planning were consumate professionals, dealing with every aspect of a sensitive, high profile, listed, town centre development, in a conservation area. Always available for every question I had … and I had a lot.I would, without a doubt ,call upon them for any future planning projects and would have no reservation whatsoever in recommending. Unquestionably 5 star - thank you.
I regularly contact Nigel Salmon for information and advice. He, and his colleagues, are always friendly and rapidly provide excellent advice and services. As a Chartered Surveyor myself, I appreciate the professionalism of this firm.
I have found Salmon Planning to be a well-run, professional planning company who have always strived to go above and beyond to help their clients achieve their objectives.I wouldn’t hesitate to recommend them to anyone.
I’ve been using Dan Foster and his team for over 2 years now on my property developments, the level of service, support, and professionalism of each member forever seems to impress! They have saved me many times, highlighting (potentially expensive) issues I had missed and always listen to my ideas and questions with great patience . I cannot recommend this company more highly , if you need reliable advice/designs from a team for your projects definitely give Salmon Planning a call. They will tell you everything in black and white and explain all you need to know regarding the complete planning process from start to finish.
We had the pleasure of working with Matt and Dan from Salmon planning recently. They dealt with our planning application for a wrap around kitchen extension from idea to submission. They listened and came up with very helpful input. They are a useful mix of knowledgeable, practical and creative. They made the process straightforward, seamless and enjoyable. They dealt with all the laborious paperwork and liaised with other relevant bodies, leaving us to just contribute to the ideas and design. They are both extremely amiable and a pleasure to deal with. The process was affordable and I feel I got great value for money. Use them, you will be pleased you did.
Salmon Planning have secured planning permission for me for both holiday lodges and a new build pub and restaurant as well as for a new dwelling. The Salmon Planning team’s skill at handling complex planning applications and securing successful outcomes has been excellent. I would happily recommend their planning and architectural design teams.
We worked with Dan and Matt at Salmon Planning Company to secure planning permission for a double garage, workshop, and gym/yoga room. From start to finish, they were incredibly professional, knowledgeable, and easy to work with. Their advice on both the planning and design stages was excellent, and they made the whole process smooth and stress-free. Highly recommend their services!
It has been a real pleasure working with Matt and the team at Salmon Planning + Architecture. Throughout the process they have been consistently professional, prompt to respond, and genuinely helpful at every stage. A great team to work with, which I wouldn't hesitate to recommend.
