An inspector has deleted a condition on a permission for an extension to a house in north London, finding it unreasonable because it sought to nullify an extant permission (DCS Number 400-020-704).
Monthly Archives: January 2019
Make them pay
Anyone steaming after a written representations appeal site visit because the appellant has not provided access can take comfort from a warning issued by an inspector in a recent appeal decision (DCS Number 400-020-771).
Is this fair?
See if you think the following represents consistent decision-making:
The conversion of a mid-terrace house in a student area of Cardiff to a house in multiple occupation for six persons was dismissed at appeal because it was likely to have a materially adverse effect on the character and amenity of the area (DCS Number 400-020-602). The inspector in this case noted that supplementary planning guidance prepared by the council recognised that concentrations of HMOs clustered in small geographical areas can cause problems. Consequently, it set thresholds above which it deemed that the concentration of HMOs would have an adverse impact on the community. In the appeal area the SPG identified an upper threshold of 20 per cent of HMOs within a 50 metre radius of the application site. Beyond that threshold the SPG indicated that HMOs should be resisted. The council’s evidence showed there were 30 properties registered as HMOs within 50m of the site which equated to 79 per cent. The inspector judged that a high proportion of young people, most of whom would be absent in the summer, was likely to affect the provision of community services and add to the imbalance of the housing mix in the area. He found that the cumulative impact of HMOs had resulted in negative perceptions of the area among longer term residents as well as those who might wish to move into the area.
Lies, damned lies….
It has been said that there are three kinds of lie: lies, damned lies and statistics. The DCP Blog was reminded of this old saw on reading the following paragraph from a dismissed appeal for two houses in south Wales (DCS Number 400-020-748).
On the nail
An inspector has declined to issue a certificate of lawfulness for the use of a vacant shop in north London as a nail bar, ruling that it would entail a material change of use requiring planning permission (DCS Number 400-020-587).
On a road to nowhere
Lest readers conclude that the DCP Blog’s new year resolution to be cheerfully optimistic about the future of town planning in a difficult political context didn’t last five minutes, we ought to make clear that this Blog is about an actual road to nowhere. In a recent appeal case the creation of an access road to a potential housing site in Bedfordshire was granted planning permission despite the council’s objection on the grounds of prematurity (DCS Number 400-020-519).
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.