A recent appeal decision in Shropshire tells us that it is worth comparing affordable housing restrictions on existing property against current local planning policy, an inspector having lifted a planning obligation from a house in the light of changed priorities (DCS Number 400-012-611).
Monthly Archives: August 2016
An enforcement notice requiring the demolition of a summerhouse at a property in Lancashire was upheld at appeal (DCS Number 400-012-672), an inspector noting that nothing had changed since an appeal against the refusal of planning permission for its retention had been dismissed in January 2015.
In granting permission for ten flats in north London an inspector has overruled the council on the method of measurement of floorspace when assessing liability for affordable housing contributions (DCS Number 400-012-587).
An inspector determining an appeal against the refusal of a certificate of lawfulness for the residential use of a single storey flat-roofed modular building in Cambridgeshire (DCS Number 200-005-414) has a nice turn of phrase.
Readers will be aware of the advice contained in the PPG which states that a negatively worded condition which prevents development proceeding until an obligation is entered into can be appropriate in exceptional circumstances and where it relates to one of the matters under consideration. In the appeal case reported in the Blog article Where there’s a will… the inspector decided that since the only obstacle which stood in the way of the proposed conversion of an office to a house under the GPDO proceeding was the need for an obligation to prevent future occupiers applying for or being entitled to a residents’ parking permit he was satisfied that such a condition was appropriate.
Gary Lineker had to present MOTD in his underpants after Leicester City won the Premier League. The Blog finds itself in similar attire after betting its shirt on never seeing an inspector rule contrary to Government advice on affordable housing (Back in the real world). Because….an inspector has ruled contrary to Government advice on affordable housing (DCS Number 400-012-563). This appeal related to the redevelopment of a garage at a house in Surrey with a bungalow. Core strategy policy stated that for proposals comprising between one and four dwellings a financial contribution towards affordable housing should be sought, to be secured by means of a planning obligation. Whilst the developer initially indicated a willingness to provide the contribution the offer was subsequently withdrawn.
Ejusdem generis might sound like a spell from Harry Potter’s Big Book of Wizardry but in planning it is a term used to describe development which is of the same kind or nature.
Time for some more lavatory humour:
An inspector has modified a condition attached to the permission for a replacement dwelling in Suffolk, thereby authorising the retention of a top-opening ground floor toilet window (DCS Number 400-012-481).
In considering an appeal against the refusal of an outline scheme for 15 dwellings on high quality agricultural land in Derbyshire, an inspector accepted the appellant’s argument that the steep gradient of the site would limit the use of mechanical farming methods (DCS Number 400-012-416).