Sometimes the art and science of planning can lie in being able to recognise when something is not quite right. A useful pointer with regard to the assessment of legal evidence can be drawn from a recent appeal against the refusal of a lawful development certificate for the use of adjacent land as a garden extension at a property in County Durham (DCS Number 400-019-049).
Posts Categorized: Cut-out-and-keep
An interesting question before an inspector recently was whether the residential conversion of a subterranean water reservoir in Devon would constitute permitted development under Schedule 2, Part 3, Class P of the GPDO (DCS Number 400-019-003).
An inspector who extended the period for compliance with an enforcement notice directed at a single storey rear side infill extension at a house in east London (DCS Number 400-018-777) has articulated the considerations relevant to the assessment of personal circumstances.
An inspector determining an appeal against the refusal of planning permission for a new house on a paddock in Buckinghamshire (DCS Number 400-018-714) was faced with the not-unusual task of interpreting the meaning of a thick black line on the development plan proposals map. Here is how this inspector dealt with the problem:
The issue of permanence has been discussed in a couple of DCP Blogs – Just kidding around and Permanent markers. Together with another recent case in Staffordshire (DCS Number 400-018-313), the evidence suggests that placing a structure on wheels following enforcement action will not beat the system.
A children’s nursery in Hertfordshire has had its claim for a certificate of lawfulness for the installation of a new modular building turned down, an inspector finding that the nursery was not a school for the purposes of Class M of Part 7 of Schedule 2 to the GPDO (DCS Number 400-017-867).
An appellant contesting a council’s refusal to grant a certificate of lawful use for the use of land at his house near Bristol as a domestic garden has found himself dealing with a matter which can often fox local planning authorities (DCS Number 400-018-126). A previous Blog How many times?! gives just one example of a council having got it wrong.
A householder appealing the refusal of a certificate of lawfulness for a rear extension to his terrace house in southwest London has offered a novel interpretation of the GPDO (DCS Number 400-018-014).
In Just kidding around we reported an appeal case in which the issue of permanence was debated. Here’s another, not dissimilar, but which draws on some different case law. This appeal (DCS Number 200-007-302) concerns an enforcement notice directed at a freight container, sited in a Kent field, which was used for the storage of equipment associated with the cultivation of Christmas trees.
An inspector has decided to refuse a certificate of lawfulness for the residential use of two brick and stone buildings in Somerset (DCS Number 200-007-253), after deciding that the residential use had been abandoned. There had been no residential occupation of the buildings since 1958, he noted.