After decades of tweaking you would think that the GPDO might have achieved near-perfection, such that only good quality design would escape the need for planning permission. Not so, sadly, as a recent appeal case in east London indicates (DCS Number 400-017-938).
Posts Categorized: Opinion
….Box 5.1 of the Guidelines for Landscape and Visual Impact Assessment, Third Edition (GLVIA3) published by the Landscape Institute and the Institute of Environmental Management and Assessment, to be precise. Box 5.1 sets out eight criteria against which landscape value might be assessed. These are landscape quality (condition), conservation interest, scenic quality, recreation value, rarity, perceptual aspects, representativeness and associations.
Given the tragic fire that occurred at a block of flats in north Kensington in June, and the concerns about the type of cladding used on the exterior of the building, we might find that householders’ taste for exterior cladding will diminish. Here at the Blog we certainly hope so, if an appeal case in northeast London (DCS Number 400-016-628) is a representative example of what is currently being put forward for planning permission. Quite apart from the safety considerations, which must now demand the closest scrutiny, the inspector describes a proposal which sounds architecturally ghastly.
We all know that each planning application and appeal falls to be considered on its own merits. Nonetheless, this accepted wisdom should not be allowed to provide an excuse to close off proper consideration of comparable developments, as can sometimes happen at appeal. Because, in the interest of fairness there must be consistency in decision-making. Although two schemes are rarely identical there can be similarities which merit equal treatment.
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).
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).
The Dartmoor National Park Authority’s Dartmoor Ponies Factsheet states that “The ponies on Dartmoor are an integral part of the landscape and many visitors to the National Park come specifically to see these animals in their natural environment.”
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?
Over the last few decades we have been quietly nursing the opinion that the civil servants charged with drafting planning legislation, before they even consider putting pen to paper or digit to keyboard, should be compelled to serve a period in a local authority planning department. Then, they might gain some insight into the difficulties that can arise for the poor souls who have to put their output into practice.
In Important work we expressed astonishment that a S106 planning obligation had been required in order to secure the provision of a wheeled bin. With hindsight, we should have realised that we were only a short trundle away from a situation in which the lack of a S106 planning obligation to secure the provision of a wheeled bin would prevent development. But here we are:-