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
- Council approves local plan ‘11 years late’ January 25, 2022A report that a council in Essex has finally approved its local plan after numerous delays leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction that would otherwise not be January 25, 2022Of the 51 councils that are subject to the housing delivery test’s most severe sanction - the weakening of their housing supply policies - only about one in five of them would not face the penalty anyway, according to Planning research.
- £64,000 bill for landlord who ignored enforcement notice January 25, 2022A landlord who showed “persistent disregard” of a planning enforcement notice has been ordered to pay a total of more than £64,000.
- PINS says in-person hearings can resume following lifting of government restrictions January 25, 2022The Planning Inspectorate (PINS) has said that in-person hearings and inquiries can resume as normal following the government's lifting of Covid restrictions, but will not be able to reveal its long-term plans for staging events until the spring.
- Peers criticise DLUHC over decision to make post-pandemic PD rights permanent January 25, 2022A House of Lords committee has criticised the government's decision to make permanent two initially temporary post-Covid permitted development (PD) rights, claiming the move has been made without “robust parliamentary scrutiny” and could have an “adverse impact” on the public.
- Government plans to bring HS2 Crewe to Manchester bill to Parliament today January 24, 2022A bill that would provide the powers needed to construct and operate the HS2 route between Crewe and Manchester will be introduced to Parliament today, transport minister Andrew Stephenson has said.
- ‘New government cycling and walking agency will be statutory planning consultee’ January 24, 2022A report that a new government agency promoting cycling and walking will become a new consultee body for any big planning application leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction for the first time January 24, 2022Of the 51 councils that are subject to the most severe penalty in this year's housing delivery test (HDT) - which involves the weakening of their housing supply policies - just three will face the sanction for the first time, according to Planning research.
- Council avoids judicial review over allegation of 'mistaken' permitted development approval January 24, 2022A district council has avoided a judicial review of its decision to allow the creation of two new flats above a shop after a parish council alleged that the authority mistakenly believed the consent to be covered by permitted development rules.
- Government announces 16 councils to share £3.7m digital planning cash January 24, 2022The government has announced that 16 councils across England have secured a share of over £3.7 million in funding to take part in trials intended to use digital technology to simplify and speed up the planning process.