Monthly Archives: October 2019

Why bother?

Conservation officers must sometimes wonder why they bother.

Presumably, the point in writing guidance relating to development in conservation areas is to encourage the use of design and materials which respect local character and to discourage the use of those which do not.

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Never the twain shall meet

A recent appeal case (DCS Number 400-023-412) reminds us that civil matters are usually best considered separately from planning matters.

In this case the inspector rejected a south Wales householder’s argument that, in the context of an ongoing boundary dispute, the four-month period given for compliance with an enforcement notice directed at an unauthorised extension was too short. One of the options for the appellant was to modify the building so that it complied with an extant planning permission. She considered, however, that scaffolding would need to be erected on the neighbours’ land and they were refusing to permit this. The inspector recognised that an application under the Access to Neighbouring Land Act 1992 had been made to the courts, hopefully to be heard in conjunction with the boundary dispute issue, but noted that the hearing date had not been confirmed.

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No limits

Unlike the case in respect of the refusal of planning permission, there is no time limit in which an appeal against the refusal of a lawful development certificate must be made. This is a worthwhile point to note from an appeal decision (DCS Number 400-023-607) relating to the refusal of a lawful development certificate for a general industrial use at a site in Essex:-

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A romantic proposal

Picture this:-

A young couple are choosing a diamond engagement ring at a jeweller’s shop in Edinburgh. They step out onto the first floor terrace with the sales assistant, who is carrying a selection of rings and glasses of champagne. It’s late afternoon in winter, the stars are beginning to shine in the sky and the lights have come on at the castle…..

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