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
- How new Covid-19 application publicity rules may raise fresh risks for councils June 4, 2020New temporary rules allow councils to publicise applications using social media and other electronic communications during the pandemic, but using such digital methods does raise some risks, commentators warn.
- Why the secretary of state's admission of 'apparent bias' over his approval of a 1,500-home scheme has prompted calls for an overhaul of ministerial decision-making June 4, 2020An admission of "apparent bias" by the housing secretary in his consent for a 1,500-home scheme in east London is unprecedented and "shocking", according to legal experts, who warn that it could undermine faith in ministerial decision-making and should prompt far-reaching changes around the process.
- 10 key things that happened this week June 4, 2020Ten of the biggest stories from the past week, including news that the Planning Inspectorate (PINS) has announced it is planning to hold "at least" 35 virtual hearings, inquiries and examinations in June as it "scales up" its capacity to process more cases.
- Neighbourhood Watch: Jenrick refuses Surrey housing scheme due to neighbourhood plan clash June 4, 2020Housing secretary Robert Jenrick has cited paragraph 14 of the National Planning Policy Framework (NPPF) - which defines the circumstances in which conflict with a neighbourhood plan is likely to "significantly and demonstrably" outweigh the benefits of a scheme - to refuse consent for a housing scheme in Surrey.
- Police 'assessing allegation' in relation to Jenrick's 'unlawful' Docklands consent June 4, 2020The Metropolitan Police has confirmed that it is assessing an "allegation" made in relation to the housing secretary's recently-overturned consent for a 1,500-home scheme in London's Docklands.
- Housing secretary refuses plans for ‘oppressive’ 800-home Woolwich scheme June 4, 2020Plans for an 800-home development in south east London featuring a 27-storey tower have been refused on appeal after the secretary of state judged that the scheme would "loom oppressively" over its surroundings and was "visually jarring”.
- Jenrick blocks 771-home Greenwich development on design grounds June 4, 2020The housing secretary has refused plans for a 771-home scheme in south east London that would provide 40 per cent affordable housing after concluding that the proposal fails "to take the opportunity to promote a high quality of design".
- Jenrick approves 1,210-home Devon urban extension despite heritage harm June 4, 2020Plans for a 1,210 home urban extension to the south of Newton Abbott in Devon have been approved by the housing secretary on appeal after he concluded that the scheme's benefits outweighed the likely harm to a nearby Grade-I listed church.
- Frankie & Benny's owner 'to close between 100 and 120 outlets' June 4, 2020A report that the owner of casual dining chain Frankie & Benny's "is understood to have called time on between 100 and 120" of its UK restaurants features in today's media round-up.
- Sharma blocks Thames Estuary wind farm extension over shipping risks June 3, 2020Business secretary Alok Sharma has refused consent for plans to extend a wind farm in the Thames Estuary due to concerns that it would interfere with shipping.