An inspector has issued a certificate of lawfulness for an extension to a dwelling in Essex (DCS Number 400-013-660) after finding that a reference to the 1988 General Development Order in a planning obligation was no longer binding.
Monthly Archives: November 2016
A condition attached to the planning permission for the redevelopment of a site in Buckinghamshire with six flats which sought to nullify an earlier permission for one dwelling has been deleted at appeal (DCS Number 400-013-570).
Judging the amount of works necessary to constitute the implementation of a planning permission can be difficult, although an inspector dealing with an appeal against the refusal of a certificate of lawfulness for a replacement dwelling in Kent (DCS Number 400-013-504) was ‘mindful that very little is needed to implement a permission for operational development’. This tallies with the inspector’s finding in Cemetery firm digs itself out of a hole.
We haven’t seen this excuse for ages:
“At the hearing, the Council explained that, due to computer generated errors, its decision notices …… include references to planning permission whereas they should have referred to listed building consent.” (DCS Number 200-005-795)
A When it’s not in a roof
See what you think of this one – we’re not sure what to make of it here. An inspector has denied a lawful development certificate for a rooflight to a basement underneath the garden of a house in central London on the basis that it would not be in the roof and would therefore not constitute permitted development (DCS Number 400-013-551).
The conversion of two barns in Surrey to three houses under the prior approval procedure succeeded at appeal after an inspector ruled that the Section 106 pooling restriction did not apply (DCS Number 400-013-505).
Whilst agreeing with the national park authority that a barn on Exmoor was intentional unauthorised development, an inspector judged that this fact was not, on its own, sufficient to dismiss the appeal against enforcement (DCS Number 400-013-494).
A council in Hertfordshire has threatened a legal challenge to Planning Policy Guidance in respect of barn conversions under the GPDO (DCS Number 400-013-437).
The basis of the council’s refusal of prior approval for the residential conversion of the barn was that it would result in a dwelling in an isolated location. An appeal inspector pointed out, however, that Planning Practice Guidance (PPG) confirms, in relation to the Class Q permitted development rights, that
Just as we were thinking that telegraph poles were all but redundant along comes an inspector allowing a high tech version.
In (DCS Number 400-013-384) a consortium of telecommunications operators proposed a 10 metre high replica telegraph pole in southeast London. The inspector was aware that there had been a previous application for a 12.5 metre high monopole on the site. He observed that that scheme would have been significantly more prominent due to its greater height and the bulbous nature of the antenna shroud. In re-designing the proposal to a single diameter replica telegraph pole of lesser height he considered that the appellant had shown a readiness to compromise, notwithstanding the fact that the 10-metre scheme would be on the margins of acceptability in terms of the network coverage it would provide.
An appeal concerning the removal of an agricultural occupancy condition from a farm bungalow in Kent (DCS Number 200-005-719) has articulated a nagging doubt held here on the DCP Blog about a certain aspect of planning practice.