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
- Edinburgh station masterplan proposes mezzanine concourse to boost city centre walking and cycling August 5, 2020A newly-published masterplan sets out a vision for the redevelopment of Scotland's second-busiest railway station over a 30-year period within the wider context of Edinburgh's historic centre.
- Planning deregulation ‘will unleash speculation and sprawl’ August 5, 2020Guardian columnist Sir Simon Jenkins's broadside against the government's planned weakening of planning controls and introduction of zoning leads our round-up of today's newspapers.
- Bracknell town centre scheme replaces 700 flats with 400 family homes August 5, 2020Plans for a town centre redevelopment in Berkshire have been revised to move away from initial proposals for 700 flats to a new plan to deliver 400 low density family homes, the developer appointed by the local authority to deliver the scheme has revealed.
- London mayor proposes planning changes to preserve discounts on market homes and cap shared ownership prices August 5, 2020The mayor of London is considering new planning guidance to ensure that any discounts to homes purchased via the discounted market sale (DMS) model of affordable housing are passed on to subsequent buyers, and may introduce a "formal cap" on the value of homes sold under shared ownership, according to a consultation document.
- Government reveals 300 projects allocated £900million Getting Building funding August 4, 2020A vertical farming facility in Cumbria, redevelopment of the Big Brother television studios in Hertfordshire, and a new cruise terminal in Hampshire are among the projects that will receive a share of the government’s £900 million Getting Building Fund.
- Greater permitted development rights 'kneecap' the planning system August 4, 2020A warning of the unintended consequences from deregulating urban development leads our round-up of today's newspapers.
- City approves 30-storey, 995 home, private rented sector tower August 4, 2020City councillors in Birmingham have approved plans for a 30-storey development of close to 1,000 homes, after officers advised the benefits of the scheme outweighed heritage concerns.
- Mayor calls for ‘swift’ approval of plans for new city university August 4, 2020A planning application has been submitted to Peterborough City Council for a new centrally-sited university intended to boost the city’s economy and image.
- Suffolk council concedes errors in considering historic building demolition plans August 3, 2020Heritage campaigners have succeeded in a legal effort to block plans for the demolition of a rural railway station building once used in the filming of TV comedy Dad's Army, after the local council conceded that it had made errors in considering the matter.
- Judge rejects legal challenge against inspector's 460-home Wiltshire refusal August 3, 2020The High Court has rejected a developer's legal challenge to a planning inspector's rejection of its plans for more than 460 homes on a former airfield in Wiltshire.