Monthly Archives: November 2016

Making a start



Judging the amount of works necessary to constitute the implementation of a planning permission can be difficult, although an inspector dealing with an appeal against the refusal of a certificate of lawfulness for a replacement dwelling in Kent (DCS Number 400-013-504) was ‘mindful that very little is needed to implement a permission for operational development’. This tallies with the inspector’s finding in Cemetery firm digs itself out of a hole.

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Q When is a rooflight not a rooflight?



A When it’s not in a roof

See what you think of this one – we’re not sure what to make of it here. An inspector has denied a lawful development certificate for a rooflight to a basement underneath the garden of a house in central London on the basis that it would not be in the roof and would therefore not constitute permitted development (DCS Number 400-013-551).

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See you in court



A council in Hertfordshire has threatened a legal challenge to Planning Policy Guidance in respect of barn conversions under the GPDO (DCS Number 400-013-437).

The basis of the council’s refusal of prior approval for the residential conversion of the barn was that it would result in a dwelling in an isolated location. An appeal inspector pointed out, however, that Planning Practice Guidance (PPG) confirms, in relation to the Class Q permitted development rights, that

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Back to the future



Just as we were thinking that telegraph poles were all but redundant along comes an inspector allowing a high tech version.

In (DCS Number 400-013-384) a consortium of telecommunications operators proposed a 10 metre high replica telegraph pole in southeast London. The inspector was aware that there had been a previous application for a 12.5 metre high monopole on the site. He observed that that scheme would have been significantly more prominent due to its greater height and the bulbous nature of the antenna shroud. In re-designing the proposal to a single diameter replica telegraph pole of lesser height he considered that the appellant had shown a readiness to compromise, notwithstanding the fact that the 10-metre scheme would be on the margins of acceptability in terms of the network coverage it would provide.

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