A judgment handed down by the Court of Appeal towards the end of last year confirmed that the variation of a condition under section 73 of the Town and Country Planning Act 1990 must not result in conflict with the original description of development (Finney v Welsh Ministers [2019]).
Monthly Archives: January 2020
The Mansi doctrine
The Mansi doctrine is a long-established planning principle which can be seen in action in an appeal case relating to the short-term letting of a basement flat in west London (DCS Number 400-024-249).
Off the rails
Taken from a recent appeal decision (DCS Number 200-009-178):
‘The realignment of the proposed route for HS2 has….resulted in significant uncertainty regarding the timing and nature of any future development of the site.’
‘Required’ reading
An inspector has refused to grant prior approval for the change of use of a barn in Worcestershire to commercial use under Class R of the GPDO on the grounds that it would require the material widening of an access to a classified road (DCS Number 200-009-072).
For its own sake
In determining an appeal relating to the siting of three mobile homes in rural Berkshire (DCS Number 400-024-202) an inspector has confirmed that, although we no longer seek to protect the countryside “for its own sake”, there are stretches which are worthy of protection from development even though they carry no designation.
Inside information
In allowing an appeal against the refusal of prior approval for conversion of a light industrial unit in west London to eight flats an inspector has determined that “gross floor area” in Class PA of the GPDO does include internal areas such as staircases but does not include external walls (DCS Number 400-024-102).
Three months’ hard labour
Another appeal case, this time relating to stables in Lancashire (DCS Number 400-024-650), further illustrates the point made in Be reasonable that the period for compliance with enforcement notices must not be unreasonable.
Be reasonable
The new year might be a time for the stiffening of resolve but it is important, particularly with regard to enforcement matters, to be reasonable. A recent appeal case (DCS Number 400-023-842) illustrates the point.
A bombshell decision
In a decision which might not be popular with all of the neighbours an inspector quashed an enforcement notice requiring the removal of work by a noted street artist at a bar and restaurant in London’s Portobello Road, finding no harm to the character and appearance of the conservation area (DCS Number 400-024-502).
News from PlanningResource
- ‘Number of holiday-let homes has soared by 40 per cent’ July 1, 2022A report by the BBC, detailing where spikes in holiday rental numbers are highest, leads our round-up of today’s newspaper stories
- Inspectors pause local plan hearings to ‘consider’ neighbouring authority’s unmet housing need July 1, 2022Planning inspectors have postponed the remaining public hearings assessing the viability of an authority’s local plan in order to “allow more time for the consideration of information relating to Leicester’s unmet housing need”.
- Residents in North Norfolk village use neighbourhood plan to stem rise in second home ownership July 1, 2022Residents in the parish of Heacham in North Norfolk have included a clause to their neighbourhood plan requiring all new housing to be sold as principal residences, to stem an increase in second and holiday home ownership.
- Independent review finds capacity of employment sites to absorb extra Black Country homes is 'not significant' July 1, 2022An independent review of the emerging strategic plan for the Black Country has identified additional brownfield land for development, but not “of a significant scale” to close out the subregion’s housing shortfall.
- Local Plan Watch: Council adopts plan after nine years of preparation, despite housing shortfall June 30, 2022A council has adopted a local plan after a nine-year preparation process, despite identifying a 500-home shortfall in its planned housing supply.
- 10 key things that happened this week June 30, 2022Ten of the biggest stories from the past week, including a council taking enforcement action against one of the UK's biggest housebuilders and the local authorities with the highest and lowest approval rates.
- How measures in the levelling up bill to force developers to complete schemes more quickly are likely to play out June 30, 2022The levelling up bill includes proposals requiring developers to tell councils when they are starting work on a permitted scheme and making it easier for authorities to force applicants to complete unfinished buildings. However, observers say the measures are unlikely to have any significant impact on build-out rates.
- ‘Census results suggest some green belt building might have been unnecessary’ June 30, 2022A national newspaper report claiming that the census results indicate that some green belt land might have been “unnecessarily” allocated for development due to over-estimated population figures in some areas leads our roundup of today’s news.
- Clarkson acting like ‘a classic bully’, says council planning officers’ chairman June 30, 2022TV presenter Jeremy Clarkson has been acting like “a classic bully” in picking on local authority planning officers, says the chairman of the body that represents them.
- The councils that determined the fewest applications within government time limits in 2020/21 and 2021/22 June 30, 2022Eighteen authorities are sitting below the government’s ‘special measures’ threshold for speed of decision making on applications in the two years to March 2022, two more than in the previous quarter.