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
- City council green-lights central Oxford’s ‘first new college of the 21st century’ August 17, 2020Permission has been granted for three existing university buildings to be converted to form Oxford’s 39th college within the city’s central conservation area.
- How the planning white paper would change ... planning enforcement August 17, 2020A promise to "review and strengthen" council's enforcement powers and sanctions if new development does not meet the required design and environmental standards, including consideration of higher fines, features in the government's new planning white paper.
- 'Affordability row over plans for 700-home brownfield development' August 17, 2020A dispute over plans for 700 homes on a former gasworks site in Brighton leads our round-up of today's newspapers and news websites.
- Five authorites to pilot new spatial nature recovery strategies August 17, 2020Five local authorities are to trial the creation of new "local nature recovery strategies" (LNRS) which are intended to "support better spatial planning for nature", the government has announced.
- Thurrock Council secures injunction to block illegal development on 40-hectare green belt site August 17, 2020An Essex local authority has secured an interim High Court injunction to prevent unauthorised works on a 40-hectare green belt site - the latest in a series of court interventions by the council to restrict illegal works taking place at the location.
- High Court grants council permission to challenge inspector's green belt traveller site permission August 14, 2020The High Court has allowed a council to pursue a legal challenge to a planning inspector's decision to block its attempts to shut down a traveller encampment in the Merseyside green belt.
- Essex council gains interim injunction to prevent caravan park or travellers' camp on site August 14, 2020Brentwood Borough Council in Essex has taken preemptive High Court action to block development of land that it fears could become an unauthorised caravan park or traveller site.
- MPs 'set to frustrate mobile phone planning reforms over Huawei concerns' August 14, 2020News that some MPs concerned about the influence of Chinese telecommunications firm Huawei will "frustrate" the government's proposed planning changes around mobile phone infrastructure features in today's newspaper round-up.
- CIL Watch: Five ways the proposed changes to the planning system will affect CIL August 14, 2020Plans to scrap the community infrastructure levy (CIL) and create a new levy on development are among the far-reaching changes to the developer contributions system that were revealed in the new Planning White Paper. Here are five key changes.
- The likely risks and rewards of the proposed zonal plan system August 14, 2020Radical proposed changes to local plans, which would see them zone land into three development categories, is likely to mean more work for under-resourced council planning teams and could limit local authority control, some observers suggest. However, developers should welcome the greater certainty provided by the new system.