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
- Wales' national planning policy revised: Savills response December 5, 2018
- Law Commission drops proposal to scrap outline planning consent in Wales December 5, 2018A proposal to scrap outline planning permission has been dropped from a final report of a Law Commission review into ways to simplify planning law in Wales.
- Plans submitted for 1,500-unit scheme on Salford industrial site December 5, 2018Plans have been submitted for a 1,500-flat development in a series of towers which could rise up to 45 storeys on land currently allocated for industrial use in Salford Quays.
- Plans lodged for 1,000-home Cambridgeshire urban extension December 5, 2018Outline plans for a 1,000-home urban extension to Huntingdon have been submitted by housebuilder Bloor Homes.
- Campaign launched to rediscover 10,000 'lost' rights of way December 5, 2018Reports that a campaign has been launched to uncover thousands of forgotten public rights of way 'before they disappear forever' feature in today's newspaper round-up.
- Planning bill's new duties on Scottish councils could cause system to 'grind to a halt', warns RTPI December 5, 2018Scottish local authorities face 63 new unfunded duties under the latest draft of Holyrood's planning bill, according to the Royal Town Planning Institute (RTPI), which warned that the new measures could cause the planning system to 'grind to a halt'.
- Tees Valley mayor buys airport site to block 350-home development December 4, 2018The mayor of Tees Valley has announced a deal to buy Durham Tees Valley Airport from a developer to prevent outline plans for 350 homes going ahead and to 'make the airport great again'.
- Office for National Statistics delays 'variant' household projections publication December 4, 2018The Office for National Statistics (ONS) has delayed publication of a 'variant' set of household growth projections that were promised when it released the original figures, which prompted a furore over their impact on calculating local housing need.
- More than a quarter of English and Welsh retail space lost since financial crash, says report December 4, 2018More than a quarter of retail floorspace in England and Wales was lost in the seven years following the global financial crisis, a new study has concluded.
- Brokenshire blocks 220-home Croydon tower on design grounds December 4, 2018The housing secretary has refused permission for a 220-home, 17-storey tower in south London on design grounds, against the advice of a planning inspector.