Monthly Archives: July 2016

A trail of lawsuits

You don’t have to look far to find an example from Donald Trump’s trail of lawsuits, referred to by President Obama in his farewell address in Philadelphia. An inspector has recently cited Trump International Golf Club Scotland v Scottish Ministers [2015] in declining to issue a lawful development certificate for the retention of a rear extension at a house in east London (DCS Number 400-012-343).

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Outline prior approvals granted

A couple of appeal decisions have been published recently which confirm that it is possible to obtain in principle approvals for changes of use under the GPDO.

In (DCS Number 400-012-283) the council had refused prior approval for the change of use of a barn to a dwelling on the grounds that insufficient information had been provided. The inspector recorded that Schedule 2, Part 3, Class Q indicates that development is permitted consisting of

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Burden of proof on council in GPDO retail conversions

In allowing the change of use of a music shop and an estate agent’s in north London to two flats under the GPDO (DCS Number 400-012-173) an inspector has highlighted the difference in the level of supporting evidence required between the prior notification procedure and the planning application procedure.

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What a waste

What a waste of human endeavour. An inspector has upheld an enforcement notice requiring the removal of a pair of gates over 1m in height and 2.5m from the highway at a house in Surrey, finding that planning permission was required (DCS Number 400-012-202).

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No I never

In quashing an enforcement notice directed at the alleged use of a terrace house in Greater Manchester as a teaching centre and place of worship an inspector has made an interesting point about where the burden of proof lies (DCS Number 400-012-160).

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