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
- 'Planning system fails to integrate government climate change commitments,' says Lord Deben September 17, 2021Climate Change Committee (CCC) chair Lord Deben has told MPs that the planning system fails to integrate the government’s commitments to fighting climate change, while local authorities lack Whitehall support in their efforts to reach net zero.
- ‘Gove facing calls to return £100,000 in property developer donations’ September 17, 2021A report that Michael Gove is facing pressure to return donations from a property developer over a potential “conflict of interest” with his new role as housing secretary leads our round-up of today’s news.
- Former Policy Exchange director lands MHCLG ministerial post September 17, 2021Neil O’Brien MP, a former director of the Policy Exchange think tank who describes "reforming" the planning system as one of his priorities, has been appointed to a new junior ministerial post at the Ministry of Housing, Communities and Local Government (MHCLG).
- Gove 'pauses and promises to review government planning changes' September 17, 2021New housing secretary Michael Gove has "paused" the government’s long-awaited shake-up of the planning system and pledged to conduct a review into how the proposals can be improved, according to newspaper reports, which say he intends to consult with Tory backbenchers.
- Council's draft local plan proposes deallocating 8% of its green belt September 17, 2021A Hertfordshire council has published a new draft of its local plan that proposes the deallocation of eight per cent of the borough's green belt land, some of which would be used for a new settlement of up to 6,000 homes.
- Correction: table on p21 of the Autumn print edition September 16, 2021The Insight Report on housing appeals in the print edition of the Autumn 2021 issue of Planning, which will be arriving in subscribers' mailboxes over the next few days, includes an incorrect table.
- Ten key things that happened this week September 16, 2021Ten of the biggest stories from the past week, including news that Michael Gove has replaced Robert Jenrick as housing secretary in the cabinet reshuffle.
- Local Plan Watch: Council mulls allocating 12,500 homes on greenfield sites in updated plan September 16, 2021A local authority in Hampshire is considering proposals to build 12,500 homes on three large greenfield sites in its updated local plan, to help meet a higher housing target.
- The implications for planners of a new government-commissioned report on self build housing September 16, 2021A government-commissioned report's recommendations on changing the planning system to boost self build housing - including the introduction of local authority plot targets - are likely to be positively received by ministers, say observers. But some are concerned about the implications for councils of having to hit any new quotas and of additional duties.
- Why the risk of councils issuing planning decisions by mistake may be increasing September 16, 2021Recent examples of planning decision blunders by councils should serve as a warning over moves to digitise the planning system, say practitioners, who highlight the difficulty and cost of overturning such administrative errors. Many also believe that the risk of mistakes has become greater due to local authority planning teams becoming increasingly over-stretched.