Whilst plans are often attached to lawful development certificates we don’t know that we have ever seen a plan included within the body of an appeal decision before. But here is one (DCS Number 400-016-424).
Monthly Archives: August 2017
Stalling for time
None of us wishes to see stalled development blighting our cities, one would hope. Nonetheless, an inspector has found that a condition precluding the commencement of development of a site in west Yorkshire before contracts had been let was unnecessary, unreasonable and unenforceable (DCS Number 400-016-396).
Back to the future
An appeal case concerning a rear extension to a house in Essex (DCS Number 400-016-352) confirms that prior approval cannot be granted after the commencement of development.
The council assessed the extension against the provisions of Schedule 2, Part 1, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), and concluded that as the proposed works had already been completed prior to the determination of the proposal, the scheme could not be regarded as permitted development, the inspector recorded.
Country cousins
“He’s in The Guards and only comes down at weekends”. Someone talking about their son, maybe, or a friend? No, the owner of a horse explaining to a planning officer why the animal was stabled in the outbuilding of a Worcestershire pub which lacked the one acre of grazing land demanded by local plan policy. Oh, we could write a book, we really could.
Let us prey
Inspectors can never know exactly what they might encounter on a site visit but the following description of development must have introduced a certain level of apprehension.
“The development proposed is new detached dwelling, detached garage with first floor accommodation and lion enclosure with fencing.”
The test of time
An appellant hoping to obtain a certificate of lawfulness for two proposed outbuildings at a house in Cornwall has failed to persuade an inspector that an Article 4 Direction made in 1969 was no longer of any effect (DCS Number 400-016-266).
Gone up in smoke
A central London café has failed to convince an inspector that shisha smoking at the front of the premises is lawful, the inspector distinguishing shisha smoking from cigarette smoking (DCS Number 200-006-729).
Back to basics
In addressing an appellant’s argument that a 2005 planning permission for a residential barn conversion in north Yorkshire authorised the demolition and rebuild of the building, an inspector has taken us back to basics (DCS Number 200-006-732).
Open all hours?
Given that most of us have access to electronic means of communication at all times of day and night there is perhaps a risk of forgetting that planning legislation still recognises ‘business hours’. A planning authority in Sussex was reminded of this when an inspector dealing with an appeal relating to an agricultural barn found that its decision at 17:45 requiring prior approval was not issued “within the prescribed 28 day deadline, having regard to normal business hours” (DCS Number 400-016-112).
Tidy!
Local authorities will know that it is not always easy to get developers to tidy up after they have finished building. Accordingly, here is an appeal decision that might come in handy.
News from PlanningResource
- Peter Brett Associates announces merger intentions August 15, 2018Planning, development and infrastructure consultancy Peter Brett Associates (PBA) has signed a 'letter of intent' to join forces with Canadian-based consultancy Stantec.
- Government publishes garden towns prospectus August 15, 2018The government has invited councils and developers to bid for support and funding to deliver 'discrete new settlements' or 'transformational' redevelopments of existing settlements, under criteria set out in its garden communities prospectus published today.
- Briefing: How the NPPF revisions change the system August 15, 2018Planning's essential briefing on the key changes in the final revised National Planning Policy Framework (NPPF).
- How the NPPF revisions would change the system, Part 5: the presumption in favour of sustainable development August 15, 2018In the latest of a series of briefings on the final revised National Planning Policy Framework (NPPF), we look at the updated presumption in favour of sustainable development and examine responses from the sector.
- Khan calls in plans for 1,000 homes in Greenwich August 15, 2018London mayor Sadiq Khan has called in two applications in the south-east of the capital with the combined potential to provide more than 1,000 homes.
- Judge overturns flat conversion refusal, saying council's reasoning was 'fanciful' August 15, 2018A London council has lost a legal challenge against a planning inspector's decision to overturn one of its decisions, after a judge ruled that the fact that an aspect of the scheme had been built in breach of conditions did not justify refusal of the application.
- Planning rules 'are driving global housing crisis' August 15, 2018A claim that planning rules 'are driving the global housing crisis' features in today's newspaper round-up.
- Fresh European Court ruling on habitats assessment 'further raises bar' for applicants, says expert August 15, 2018The European Court of Justice (ECJ) has issued a ruling which confirms a recent landmark European court ruling on habitats regulations assessment (HRA) and, according to a legal expert, sets a 'higher bar' for applicants seeking consent in cases where mitigation measures seek to compensate for harm to a protected site.
- Government pledges 'strengthened' planning guidance to boost social housing August 14, 2018The government is to 'strengthen' planning guidance to encourage new affordable homes 'to be designed to the same high quality as other tenures and well integrated within developments', according to its social housing green paper, published today.
- Retail park on Exeter's outskirts rejected against officer advice August 14, 2018Plans for a retail park on the eastern outskirts of Exeter have been refused for a second time, despite officers' recommendation that the scheme be approved.