Monthly Archives: February 2018

Lest we forget






As we approach the centenary of the ending of the First World War it’s rather nice to see planning inspectors doing their bit to preserve the memory of the fallen.

In County Durham an inspector decided that an agricultural shed would intrude into the verdant setting of a listed war memorial which was carefully positioned at a strategic bend in the road at the entrance to the village (DCS Number 400-018-114).

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No filter






A local authority in Bedfordshire has suffered a bit of a system failure recently, and we are guessing that it was because the necessary filters were not in place. In (DCS Number 400-018-075) the council accepted an outline planning application for the conversion of stables and a barn to a dwelling. Clearly, this is an application that should not have been validated, or registered, or decided. Even worse, the error was not picked up by the council when the applicants took its refusal to appeal.

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What’s the point?






The DCP Blog appears to have been in good company recently as it seems that the Court of Appeal has also been musing the meaning of the Written Ministerial Statement on wind farms. In a case involving a 50m high wind turbine proposed for a farm business in Nottinghamshire the court ruled that the WMS requirement to ensure that planning impacts have been ‘addressed’ does not mean they have to have been ‘eliminated’, R on the Application of Holder v Gedling Borough Council [2018].

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It all depends






In The total effect we reported an appeal case (DCS Number 400-017-236) in which an inspector granted permission for the replacement of an existing dwelling, garage and outbuildings in the green belt with a new larger dwelling. The inspector based his decision on Tandridge DC v SSCLG & Syrett [2015] in which the court held that there is no reason in principle why the objectives of green belt policy cannot be met by the application of the NPPF exception allowed to replacement buildings to a group of buildings as opposed to a single building.

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Not there yet






After decades of tweaking you would think that the GPDO might have achieved near-perfection, such that only good quality design would escape the need for planning permission. Not so, sadly, as a recent appeal case in east London indicates (DCS Number 400-017-938).

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