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
- Care home scheme 'complied with local plan as a whole' despite open space shortfall, High Court rules January 12, 2021The High Court has ruled that Shropshire Council was entitled to approve a sheltered housing scheme as being in broadly in line with its development plan, despite providing residents with less open space than the document would require.
- Shapps grants development consent for A38 junction improvements in Derby January 12, 2021Transport secretary Grant Shapps has granted development consent for improvements to three junctions on the A38 in Derby after finding that the scheme's benefits, including support for new housing and jobs, outweighed its climate change impacts.
- ‘Poor’ brownfield land registers ‘hinder the development of new homes’, developer’s report claims January 12, 2021“Gaps” in local authorities’ recording of brownfield sites in their area mean the opportunity to develop these for housing “is massively under-estimated”, according to a new study.
- Actress Cate Blanchett ‘needs bat plan’ as part of permission for meditation room January 12, 2021News of the requirements that form part of the planning permission granted to an Oscar-winning actress for a new meditation room at her home leads today's newspapers roundup.
- Inspectors advise York to consider withdrawing local plan over green belt boundaries concerns January 12, 2021Inspectors have asked York City Council to "give serious consideration" to withdrawing its long-awaited local plan from examination, after suggesting that the authority may struggle to address their concerns about the strategy's proposed green belt boundaries.
- 'One of Birmingham's tallest buildings' approved despite three per cent affordable flats January 11, 2021Birmingham City Council has approved a 48-storey city centre development of 454 build-to-rent apartments, despite the provision of a less-than-policy-compliant 14 affordable flats and concerns about heritage impacts.
- WYG rebrands as Tetra Tech following takeover January 11, 2021One of the UK’s biggest planning consultancies has officially adopted the name of its American parent company following a takeover in 2019.
- Almost a third of English councils lack a five-year housing land supply, research finds January 11, 2021The number of English councils with a National Planning Policy Framework (NPPF)-compliant development plan has risen to 71 per cent, but almost a third of local authorities lack a five-year housing land supply, according to new research from consultancy Savills.
- Developer has to pay Herts council extra £0.5m due to 'flagrant' CIL regulations breach January 11, 2021A developer will have to pay an additional £500,000 towards local infrastructure after a planning inspector concluded that the firm had made a "flagrant breach" of community infrastructure levy (CIL) regulations by starting work on a site without first notifying the local authority.
- May local elections ‘likely to be delayed’ January 11, 2021Speculation over whether May's local and mayoral elections will be postponed in light of the coronavirus upsurge and news of the completion of London’s “largest ever office building” feature in today's newspaper roundup.