“He’s in The Guards and only comes down at weekends”. Someone talking about their son, maybe, or a friend? No, the owner of a horse explaining to a planning officer why the animal was stabled in the outbuilding of a Worcestershire pub which lacked the one acre of grazing land demanded by local plan policy. Oh, we could write a book, we really could.
Posts By: dcplatest
Inspectors can never know exactly what they might encounter on a site visit but the following description of development must have introduced a certain level of apprehension.
“The development proposed is new detached dwelling, detached garage with first floor accommodation and lion enclosure with fencing.”
An appellant hoping to obtain a certificate of lawfulness for two proposed outbuildings at a house in Cornwall has failed to persuade an inspector that an Article 4 Direction made in 1969 was no longer of any effect (DCS Number 400-016-266).
A central London café has failed to convince an inspector that shisha smoking at the front of the premises is lawful, the inspector distinguishing shisha smoking from cigarette smoking (DCS Number 200-006-729).
In addressing an appellant’s argument that a 2005 planning permission for a residential barn conversion in north Yorkshire authorised the demolition and rebuild of the building, an inspector has taken us back to basics (DCS Number 200-006-732).
Given that most of us have access to electronic means of communication at all times of day and night there is perhaps a risk of forgetting that planning legislation still recognises ‘business hours’. A planning authority in Sussex was reminded of this when an inspector dealing with an appeal relating to an agricultural barn found that its decision at 17:45 requiring prior approval was not issued “within the prescribed 28 day deadline, having regard to normal business hours” (DCS Number 400-016-112).
Local authorities will know that it is not always easy to get developers to tidy up after they have finished building. Accordingly, here is an appeal decision that might come in handy.
….has a silver lining. We are aware that, following the retirement of a number of senior inspectors, PINS’ statistics have not been looking that great recently, particularly with regard to inquiries and hearings. However, whilst it might now take an age to get an appeal decided the upside is that the new, young and hip Inspectorate appears to have a somewhat more modern outlook, as evidenced by a recent appeal decision in Bedford (DCS Number 400-016-143).
Readers will be aware of the Government’s intention to place a ban on new diesel and petrol cars from 2040. Against that background an inspector’s decision to reject a proposal for a six storey block to accommodate 21 flats on a site within an air quality management area in north London (DCS Number 200-006-656) is of interest.
An appellant has convinced an inspector that a side extension and a rear extension to his house in north London are permitted development because there would be a 5mm gap between them (DCS Number 400-016-088).