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
- 10 key things that happened this week December 13, 2018Ten of the biggest stories from the past week, including news that a bill has been introduced to the House of Commons that would ban the right to appeal against refusals of applications that are inconsistent with both a neighbourhood and a local plan, if the local authority has an adequate housing land supply.
- The highest enforcement penalties in 2018 December 13, 2018Big financial penalties for breaches of planning rules for the past 12 months, including details of the offences.
- Shropshire power line plans to be examined by PINS December 13, 2018A development consent order (DCO) application for a new 21km electricity overhead line in Shropshire has been accepted for examination by the Planning Inspectorate (PINS).
- 360,000 homes consented in year up to September 2018, new MHCLG data shows December 13, 2018Almost 360,000 homes were granted planning permission in the year up to 30 September 2018, new housing ministry figures show, up two per cent from the same period last year.
- Go-ahead for 300 Swindon homes on site allocated for employment use December 13, 2018Plans have been approved for 300 homes on land currently allocated for employment use on the edge of Swindon, after planners concluded that the site would be 'unlikely to be taken up for commercial use in a reasonable timescale'.
- Plans approved for 571-home high-density London Tesco store revamp December 13, 2018Plans have been approved for the redevelopment of a south London supermarket site to include a replacement Tesco store, 571 homes and 2,638 square metres of office space, despite the scheme being 'beyond the upper limit' of residential density guidelines.
- Dubai ruler accused of 'cynical disregard' for UK planning laws December 13, 2018Reports that the ruler of Dubai has been accused of showing 'cynical disregard' for planning laws by erecting a two-metre high spiked metal fence around his Surrey estate feature in today's newspaper round-up.
- Threatened Wirral Council urges MHCLG to allow it to use lower household projections December 12, 2018A council undergoing Whitehall scrutiny of its local plan process has said it is lobbying the government to allow it to use September's lower household growth figures that would see the district's housing need drop by two-fifths.
- The top ten minor development appeal decisions in 2018 December 12, 2018Several small-scale appeal decisions have attracted widespread attention among subscribers to DCS Ltd's COMPASS online appeals database this year. Here are the ten most frequently downloaded minor and householder development cases in 2018.
- Building over London rail and tube lines 'could deliver 280,000 homes' December 12, 2018280,000 homes could be built in London above railway and tube lines, according to a new study by an engineering firm, about 30,000 more than previous research suggested.