Readers might be aware that Ed Sheeran’s plans to build a private chapel on his Suffolk estate were set back due to the possibility of there being great crested newts on the site. He’s not on his own – a proposal for an otherwise satisfactory family dwelling in Cheshire was turned down at appeal because it would result in the loss of GCN terrestrial habitat (DCS Number 400-019-111).
Posts Categorized: Something to make you smile
We hesitate to contradict an inspector but we feel we must comment on a ruling involving three superheroes in Warwickshire. This appeal was against a listed building enforcement notice which required the removal of Batman, Superman and Spiderman from the front elevation of a bar and restaurant (DCS Number 400-018-962). Batman and Superman were standing on a recess above the fascia at first floor level and Spiderman was climbing up the wall.
An inspector has sided with a council in Cambridgeshire in the reading of a handwritten dimension on a plan relating to planning permission for the change of use of agricultural land to garden land (DCS Number 400-018-548).
Taken from a recent appeal decision concerning the retention of a safety net at a golf club in north Wales (DCS Number 400-018-518):
“Playing golf often results in a ball being projected through the air..”
A first floor extension to a building used as a money exchange abutting a railway embankment in the west Midlands has been refused permission by an inspector (DCS Number 400-018-516).
The inspector stated “The proposal would sit in very close proximity to the railway. In the absence of any appropriate structural information it is unclear how the development would impact on the stability of the adjoining railway infrastructure as a result of increased loads that would be created by the development. In the absence of such information, and in light of explicit concerns from Network Rail I cannot be satisfied that the development would not harm the stability and safe operation of the railway.”
You can’t say that planning isn’t a wide-ranging profession. In a recent appeal involving a roof terrace in north London (DCS Number 400-017-876) an inspector made reference to the meaning of life.
We all know that we sometimes have to walk a tightrope, balancing public interests against the interests of planning applicants. An inspector recently did just that, in a finely balanced decision relating to an appeal against the refusal of permission for a flying trapeze in the back garden of a house in Gloucestershire (DCS Number 400-017-774).
In support of an appeal against an enforcement notice requiring the demolition of a timber structure in an open field in Bedfordshire (DCS Number 400-017-670) the appellant described the structure as intended for the breeding of game birds. On this basis he claimed that it did not require planning permission as it was intended for agricultural use.
An inspector who refused permission for a temporary mobile home associated with a vermiculture enterprise in north Yorkshire (DCS Number 200-006-878) might have opened a can of worms.
The appellant explained that he needed to be on hand to ensure the correct environment for the worms was maintained, as failure of the systems could result in a sudden mass exodus of worms out of the tubs and onto the dry and dusty floor which would result in death within minutes. The council, however, provided evidence that a number of dwellings had been available for both sale and rent in recent times in the village which could provide nearby accommodation for the appellant. Taking this and all other factors into account, the inspector was not convinced that the mobile home would be essential for the operation of the enterprise.
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.”