Three cut-out-and-keep cases this time. Put these in a safe place – they will definitely come in useful one day.

  1.       Minor material amendments

In a mixed use development in southeast London an inspector sanctioned a raft of changes to a building which had already been constructed as minor material amendments (DCS Number 400-008-304). A number of changes to the building had been carried out during construction ostensibly due to the gradient in the road. These included the re-siting of the access, alteration of the parking layout, architectural alterations, and an increase in floorspace of 66 square metres. The inspector disagreed with the council’s claim that the cumulative effect of the changes was substantial. An interesting point to note is that the inspector compared the scale of the changes against the overall scale of the scheme, noting that the increase in floorspace would be only four per cent of the total.

DCP section 5.1352 refers.

  1.       Residential annexe

An inspector issued a lawful development certificate for the conversion of garaging at a property near York to a residential annexe, notwithstanding that it would have two bedrooms each with en suite facilities, a large living, dining and kitchen area and a cloakroom (DCS Number 400-008-282). He acknowledged that the unit would be substantial and would contain all the facilities necessary for day-to-day living. Nevertheless, he found a number of points in its favour, including that only about half the existing building would be converted to residential use. Again, scale counts.

DCP section 10.2 refers.

  1.       Barn conversion

A barn conversion in Shropshire was ruled not to be permitted development in the absence of a bat survey (DCS Number 400-008-314). The appellant pointed to a decision in December 2014 (DCS Number 400-006-116) in which the inspector had decided that the council was not authorised to ask for ecological information under the GPDO. The inspector in the more recent decision acknowledged the need for consistency …. but nevertheless held that without survey information she could not be satisfied that the requirements of the Conservation of Habitats and Species Regulations 2010 would be met. Pick whichever suits.

DCP sections 10.1 and 4.3423 refer.

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