Hiding in plain sight

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.

The inspector identified one of the main issues as being whether there had been positive deception of the local planning authority such that a principle of public policy, namely that a person should not benefit from their own wrong, was invoked (Welwyn Hatfield v SSCLG & Beesley [2011]). Noting that the building was big, white and conspicuous, and that it could be seen from the A10, he found it difficult to be sympathetic to the council’s claim that it had been positively deceived by the appellant’s action. “Short of putting a Belisha beacon on top of the modular building”, it was difficult to see how the appellant could have drawn more attention to its existence, he remarked.

The following DCP chapter is relevant: 10.1516

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