Posts Categorized: Current thinking

On the ground



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 [2015] 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).

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Stalling for time



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).

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Meaning to say



Sometimes we say things without really thinking through what they mean. We all do it, and the secretary of state is probably no exception. Accordingly, it was very helpful of an inspector, dealing with two called-in applications for a wind farm expansion in Lancashire (DCS Number 200-006-601), to explain the implications of a written ministerial statement to him.

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