We all know that advertising can be subtle, a characteristic recognised by an inspector dealing with an appeal against a refusal to grant express consent under the advertisement regulations for the painting of a shopfront in a Warwickshire town centre (DCS Number 400-015-736).
Posts By: dcplatest
….than the sum of its parts.
Here at the DCP Blog we were interested to see Aristotelian theory applied to an appeal against the refusal of prior approval for a barn conversion in Oxfordshire (DCS Number 200-006-547).
We were surprised, and a little alarmed, to find the following information in an appeal against a tree replacement notice relating to trees felled in southwest Scotland (DCS Number 400-015-800):
“The English publication “Tree Preservation Orders : A Guide to the Law and Good Practice” (2005) indicates that a provision in a tree preservation order prohibiting cutting down or removal of independent trees or groups of trees only applies to trees in existence at the time the order was made.”
An inspector dealing with an appeal against the refusal of planning permission for a one-bedroom dwelling in Cornwall (DCS Number 400-015-804) has announced the demise of the Parker Morris standards.
The inspector noted that the building would have an internal floorspace of approximately 33.5 square metres. He recorded that this would be short of the minimum recommended level of 37 square metres for a dwelling of this type set out in the Government’s nationally described space standards published on 27 March 2015.
An inspector has declined to issue a lawful development certificate for a car wash at a garden centre in north London, finding that it was an “extraordinary” use (DCS Number 400-015-727).
In deciding an appeal against the refusal of planning permission for seven houses in north London (DCS Number 400-015-723) an inspector has highlighted the primacy of the development plan.
The proposal did not make provision for a contribution towards affordable housing, the developers drawing attention to national planning policy in the Written Ministerial Statement (WMS) of 28 November 2014, which states that “Due to the disproportionate burden of developer contributions on small-scale developers, for sites of 10-units or less… affordable housing and tariff style contributions should not be sought”. The inspector recorded that the WMS, taken together with the related sections of the Planning Practice Guidance are clear and unequivocal statements of national policy, and as a consequence are considerations to which he attached very considerable weight.
An inspector dealing with an appeal against the refusal of outline permission for the redevelopment of buildings in the Surrey green belt with up to 20 dwellings draws our attention to the interpretation of Illustrative drawings (DCS Number 200-006-528).
We are wondering whether the planning system is getting a bit intolerant in its old age. We know that it is a matter of judgement as to whether or not to take action against a transgression of planning legislation, so shouldn’t there be a bit of latitude for business start-ups generally, and for cake specifically?
Between ourselves, part of the fun of this job is in reading about the inventive and sometimes hilarious schemes people dream up to circumvent planning legislation. Here’s one you’ll like.
This case (DCS Number 400-015-641) involves an appeal against an enforcement notice requiring the removal of a goat shelter built on skids from agricultural land in Devon. The appellant contended that the shelter was a mobile field shelter that contravened no planning legislation. The planning authority, on the other hand, considered that the timber building constituted a building operation and was development within the meaning of s55 of the Act, and referred to the tests to establish whether a structure is a building on the basis of its size, permanence and attachment to the land (Barvis Ltd v SSE  and Skerritts of Nottingham Ltd v SSETR ).
More often than not, inspectors will strike out conditions removing permitted development rights, since Planning Policy Guidance advises that conditions restricting the future use of permitted development rights will rarely pass the test of necessity and should only be used in exceptional circumstances. In (DCS Number 400-015-542), however, an inspector decided that protection of the green belt provided those exceptional circumstances.