Paragraph 55 of the National Planning Policy Framework states that local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances. These circumstances include the exceptional quality or innovative nature of the design of the dwelling. This is national policy; it’s in the name.
Posts By: dcplatest
An appeal case involving student accommodation in Surrey (DCS Number 400-016-457) reminds us that planning conditions cannot be varied to the extent that something completely different from the original permission would result.
Subterranean houses in the rural area are proposed not infrequently, their below ground design being a response to concern about their impact on the landscape. Whilst they can achieve a measure of success, their potential to increase car travel will often count against them. In a more unusual case in east London an appellant has gained planning permission, having applied the same design principle to concern about the character and appearance of the suburban area (DCS Number 400-016-586). In these circumstances, of course, there is no issue in relation to the sustainability credentials of the location.
In PPS7 Annex A – gone but not forgotten and Nearly four years on and deleted guidance is still in use we remarked on inspectors’ reluctance to let go of PPS7 guidance on new farm dwellings.
In planning, deviation from the proper procedures is fraught with peril. On the other hand, following procedure down a blind alley is not a good course either, as an inspector pointed out in (DCS Number 200-006-790).
Once a settlement boundary has been defined it is easy to see it as fixed and not to be breached. However, an inspector dealing with an appeal against the refusal of outline permission for a house in the green belt in Essex took account of case law set out in Julian Wood v SoS and Gravesham Borough Council  which found that the term “village” is not necessarily the same as a settlement boundary, and that there is a need to consider the facts on the ground (DCS Number 400-016-397).
In quashing an enforcement notice requiring the removal of a front roof extension at a house in east London (DCS Number 400-016-410) an inspector has considered the definition of a highway.
Whilst plans are often attached to lawful development certificates we don’t know that we have ever seen a plan included within the body of an appeal decision before. But here is one (DCS Number 400-016-424).
None of us wishes to see stalled development blighting our cities, one would hope. Nonetheless, an inspector has found that a condition precluding the commencement of development of a site in west Yorkshire before contracts had been let was unnecessary, unreasonable and unenforceable (DCS Number 400-016-396).
An appeal case concerning a rear extension to a house in Essex (DCS Number 400-016-352) confirms that prior approval cannot be granted after the commencement of development.
The council assessed the extension against the provisions of Schedule 2, Part 1, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), and concluded that as the proposed works had already been completed prior to the determination of the proposal, the scheme could not be regarded as permitted development, the inspector recorded.