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
- Developer submits plans for 1,250-home development in south London April 14, 2021Plans have been submitted for a 1,250-home development on brownfield land in Bexley, south London.
- Join our free webinar on the future of town centres on Mon 19 April April 14, 2021Public and private sector planners and lawyers will examine the long-term planning implications of Covid-19 on the high street at a free webinar next week.
- 470-home London tower blocks get go-ahead despite tall buildings policy departure April 14, 2021Plans for a 470-home scheme up to 24 storeys high have been given the go-ahead in north London despite officers admitting that the development goes against the council’s adopted policy on tall buildings.
- Plans submitted for 2.4km road to unlock 9,000-home Essex 'garden community' April 14, 2021Plans have been submitted for a new 2.4km link road intended to assist in the delivery of a new Essex "garden community" of up to 9,000 new homes.
- British Land 'buying up retail parks and warehouses' April 14, 2021A report that developer British Land is buying up retail parks and warehouses features in today's media roundup.
- 'Illegally-demolished 100-year-old pub finally opens doors after brick-by-brick rebuild' April 13, 2021A report that a 100-year-old London pub unlawfully demolished by a developer before a judge ordered the firm to rebuild it 'brick by brick' opened its doors yesterday features in today's newspaper roundup.
- Judge refuses Sevenoaks Council's appeal against local plan cooperation failure ruling April 13, 2021The Court of Appeal has refused Sevenoaks Council permission to appeal against a High Court ruling that its local plan failed the duty to cooperate, with a judge describing the authority's case as "unarguable".
- Half of councils set high policy bar for off-site affordable housing provision, consultancy finds April 13, 2021While seven out of 10 English local planning authorities have a policy on off-site affordable housing, almost half of councils only accept the provision of such homes in “exceptional circumstances”, a planning consultancy report has found, which argues that such suspicion is holding back the creation of mixed communities.
- West Midlands councils appoint planning consultancy to produce regeneration masterplan April 13, 2021Birmingham City Council and Sandwell Council have appointed a planning consultancy to develop a masterplan as part of its Smethwick to Birmingham corridor regeneration project.
- Giant warehouse plans approved on unallocated countryside site despite objections from former planning minister April 13, 2021Councillors have narrowly approved plans for a 218,000 square metre distribution warehouse on an unallocated site in the Hampshire countryside despite an objection from former housing and planning minister Kit Malthouse.