Monthly Archives: March 2016

Where there’s a will…..

Here is an inspector using a pragmatic approach to dealing with the limitations of the prior approval procedure.

An application was made under Schedule 2, Part 3, Class O of the GPDO for the change of use of a property in southwest London from office use to a dwellinghouse but was refused by the council on the grounds of its impact in relation to transport and highways (DCS Number 400-010-764). The council would have granted the proposal if there was a mechanism in place whereby the occupiers of the building would be prevented from obtaining a residents’ parking permit but in the absence of any such mechanism, it had refused the application due to the unacceptable impacts on parking. A residents’ parking scheme was in place and the council was concerned that additional eligibility for residents’ parking would be unacceptable due to the levels of demand exceeding supply in the area.

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As Eurovision approaches….

Readers may recall mention in this column of an allowed appeal on the edge of a Gloucestershire village involving the erection of three dwellings (DCS Number 400-010-244). In that case, the inspector ruled that the site was not isolated within the meaning of paragraph 55 of the NPPF. ‘Isolated’ should have the everyday meaning of ‘lonely or remote’, he determined. In an appeal involving the erection of a holiday cottage near the Yorkshire coast, however, the inspector has interpreted ‘isolated’ as meaning a location outside a settlement (DCS Number 400-010-745). Accordingly, he dismissed the appeal, notwithstanding that the cottage would be sited between two existing holiday cottages close to the appellant’s house and only a few hundred metres from the settlement limit for the town.

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The topsy-turvy world of flat amalgamation

See if you can make sense of these two decisions, issued on the same day in the same London borough.

In (DCS Number 400-010-690) an inspector declined to issue a lawful development certificate for the amalgamation of two flats into one, agreeing with the council that it was a material change of use within the meaning of section 55 of the Act and was therefore development requiring planning permission. The inspector referred to Richmond upon Thames v SSETR [2001], which concerned an application for a LDC for the change of use of a property from seven flats to a single dwellinghouse. In that case, the High Court adopted the principle that “The extent to which a particular use fulfils a legitimate or recognised planning purpose is relevant in deciding whether a change from that use is a material change of use”. In the current case both sides had submitted counsel’s opinion, the appellants’ counsel noting that there would be no effect on the residential character of the area. The council nevertheless took the view that a reduction in the number of flats in the building from four to three would be material because it would involve the loss of a residential unit at a time when there was a pressing need to retain the existing housing stock in the borough. The inspector agreed that, in line with Richmond, the use of the property as four flats rather than three fulfilled a legitimate and recognised planning purpose of sufficient significance to make the proposed amalgamation a material change of use.

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