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
- Policy Exchange calls for creation of 15 new 30,000-home 'millennial towns' around London March 12, 2019Fifteen new "millennial towns" with at least 30,000 homes each should be built in growth corridors extending out of London, a report by a free market think tank has recommended.
- Think tank calls for creation of outer London spatial strategy to tackle poverty March 12, 2019A separate spatial strategy for London's outer boroughs should be produced to help tackle rising levels of poverty, according to a report published today by a think tank.
- Government agency recommends embedding of 'net health gain' principle in national planning policy March 12, 2019A "net health gain" principle should be embedded in national planning policy to ensure that new developments do not contribute to the problem of air pollution, a report by government agency Public Health England has recommended.
- Neighbours claim that Ed Sheeran's 'nature pond' is actually illegal swimming pool March 12, 2019An article examining whether a "nature pond" built by pop star Ed Sheeran is actually an illegally-built swimming pool feature in today's newspaper round-up.
- Objectors set out case against 'defective' Heathrow expansion policy statement March 11, 2019The government's Airports National Policy Statement (ANPS), which sets the policy framework for the expansion of Heathrow airport, should be "set aside and reconsidered" if it is found to be legally flawed, the High Court has been told on the first day of a legal challenge against the airport's expansion.
- Go-ahead for 1,500-home Salford scheme on employment site March 11, 2019Plans have been approved for 1,500 homes on an employment site in Salford Quays, including a tower of up to 46 storeys, after officers concluded the development would not compromise neighbouring employment uses.
- Plans approved for 1,100-home London retail park mixed-use redevelopment March 11, 2019Plans have been approved for a mixed-use scheme with over 1,100 homes on a site currently used as a retail park off London's Old Kent Road, after planners concluded that the scheme's negative impacts, including the loss of retail space, would be compensated for by "major regeneration benefits".
- Government battles legal bid to send Heathrow approval back to Parliament March 11, 2019The government has said it will "robustly defend" itself against a legal challenge which is seeking to have the approval for the expansion of Heathrow airport sent back to Parliament for reconsideration, as the case opens at the High Court today.
- Court rejects claim that large yard is ancillary to small building March 11, 2019The High Court has upheld an inspector's ruling that the size of an area of hard-standing at a fencing company's yard in Surrey was so far in excess of what was required by a building on the site as to render it not ancillary to the building.
- New permitted development rules 'causing misery for homeowners' March 11, 2019A claim that "new permitted development rules designed to cut down on red tape are being exploited, causing misery for homeowners", features in today's newspaper round-up.