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
- Analysis: New projections cause housing land supply boost for councils with out-of-date plans October 3, 2018New household projections that project a much lower rate of growth than previously expected has meant some authorities without an up-to-date local plan now meet the required five-year housing land supply, consultants have said.
- Manchester authorities announce fresh delay to spatial framework over standard method 'uncertainty' October 3, 2018Work on a revised draft of Greater Manchester's spatial plan 'can't proceed' until the government publishes details on how it proposes to adjust its new standard method for calculating housing need, mayor Andy Burnham has announced.
- London's raised pedestrian walkways 'being reimagined for the 21st century' October 3, 2018A claim that London's raised pedestrian walkways, popular with architects and planners in the 1960s and 70s, are being 'reimagined for a 21st-century city' features in today's newspaper round-up.
- Councils should plan strategically on regional or county level, says housing minister October 3, 2018The government wants local authorities to come together in 'regional groupings' and prepare strategic plans in return for Whitehall infrastructure funding, the housing minister has said.
- Report calls for planning changes to boost London's 'meanwhile' uses October 2, 2018Councils should develop local plan policies to encourage temporary 'meanwhile' uses for vacant sites awaiting development, while the government should explore creating a new permitted development right to encourage such changes of use, a report has recommended.
- New housing delivery test impeding better design, says LGA planning chief October 2, 2018The government's housing delivery test is preventing councils from promoting higher design standards in new developments, a senior figure at the Local Government Association (LGA) has said.
- Minister approves plans for 1,100-home York brownfield scheme October 2, 2018The communities secretary has approved plans for a 1,100-home development on a brownfield site on the northern edge of York, after concluding that, amongst other factors weighing in favour of the scheme, it would enable the 'positive and beneficial' reuse of the brownfield site.
- Truss: Nimbys risk putting 'crazed' Corbyn in Downing Street October 2, 2018Reports that a senior Tory MP has said that nimbys risk allowing a 'Labour government run by a socialist crazed individual' take power feature in today's newspaper round-up.
- Minister blocks plan to double size of Cribbs Causeway out-of-town mall over sequential test failure October 2, 2018The communities secretary has refused plans that would have seen the Cribbs Causeway shopping centre near Bristol almost double in size, after he concluded that there was a sequentially preferable site for such a scheme in the centre of the city.
- Brokenshire revives plans for new upwards extensions PD right October 2, 2018The government is to consult on a new permitted development right to allow property owners to extend their buildings upwards, and there will be new guidance 'to give more certainty for communities when land is needed to make a new town a reality', the housing secretary James Brokenshire has announced.