All sorts of fun facts can be derived from planning appeals, and it was the behaviour of parasites that resulted in a successful appeal against the refusal of prior approval for a barn conversion in Devon.
Monthly Archives: September 2018
This one is a little bizarre but….an inspector has determined that a certificate of lawfulness cannot be used to certify that a site has no lawful use (DCS Number 200-007-885).
The inspector identified the main issue in the appeal as being whether s191(1)(a) of the Act can be used to confirm that a site has a nil use or whether its scope is limited to certifying that an actual existing use as opposed to no use at all is lawful.
Paragraph 197 of the NPPF says:
“The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.”
An interesting point concerning the “second bite” provision of the Act has arisen in an appeal concerning an enforcement notice directed at the excavation of a trench at a house in Oxfordshire (DCS Number 400-019-599).
In one respect the planning system can be compared to the tax system. Tax avoidance might represent diligent financial husbandry, whereas tax evasion will land you in serious trouble. Similarly, avoiding the requirement for planning permission might be perfectly sensible; evading the need for planning permission is only for the foolhardy. The important thing is to recognise that there is sometimes a narrow distinction between the two. A recent appeal against an enforcement notice requiring the demolition of a garden room at a cottage in Hampshire (DCS Number 400-019-366) illustrates the point.
Taken from a recent appeal decision (DCS Number 400-019-740):
“Consequently….the front extension would not be viewed as an insubordinate or disproportionate addition to the property….”
Glad to hear it. There’s nothing worse than a mutinous house extension.
Believe it or not the revised NPPF has clarified an aspect of national planning policy. Yes, really! The Blog found the following in an appeal against the refusal of permission for the change of use of a house in southeast London to a day nursery in which highway safety was an issue (DCS Number 200-007-830):