Every now and then an inspector writes a decision which is quite simply a textbook example of how to approach a particular situation. Here is a good one relating to a log cabin within the curtilage of a dwelling (DCS Number 400-024-865) which you might wish to file and use for reference, should you come across a similar proposal during your own work.
Monthly Archives: March 2020
Causing an obstruction
Class B of Part 2 to Schedule 2 of the GPDO permits the formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class of Schedule 2 (other than by Class A of Part 2). Article 3(6) of the GPDO states, however, that the permission granted by Schedule 2 does not authorise any development which creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons. But what might constitute an obstruction? In determining an appeal against refusal of a certificate of lawfulness for a vehicular access to a new driveway at a house in Buckinghamshire, an inspector found that the use itself of the access would cause an obstruction (DCS Number 400-024-695).
A bit Spartan
Caravan sites can sometimes be a bit Spartan so it was perhaps with this in mind that the owner of a Hampshire caravan park decided to create a new classically styled entrance. In upholding an enforcement notice requiring its removal, however, an inspector made it clear that he did not appreciate its design (DCS Number 400-025-298).
How far is too far?
While we are on the subject of temporary buildings and structures permitted under Schedule 2, Part 4, Class A of the GDPO (see Further ‘required’ reading), what is meant by ‘adjoining that land’?
Further ‘required’ reading
An inspector has quashed an enforcement notice requiring the removal of a marketing suite at a care development under construction in south London, after finding it to be permitted development (DCS Number 400-024-944).
Hot under the collar
The owner of a shisha and dessert lounge in Coventry might be feeling a bit hot under the collar after an inspector refused to sanction the retention of two artificial palm trees at the front of the building, despite the effects of climate change (DCS Number 400-025-155).
Needs to get out more
The remarks of an inspector dealing with a claim that the continued use of premises near Bristol as an A3 restaurant was lawful remind us that sometimes there is just no substitute for life experience (DCS Number 400-025-114).
It’s complicated
When a relationship comes to an end it can be complicated, and our exit from the European Union is no exception. Until everything is settled, then, the Human Rights Act of 1998 remains in place, and a claim that human rights have been breached or are threatened remains a regular occurrence during the course of planning applications and appeals. That being so, it might be useful to file a recent appeal case (DCS Number 400-024-906), in which the inspector gives a neat summary of the relationship between the planning system and human rights legislation.
Pre-agreed pre-decision?
Sometimes, the warm glow which a planning approval notice brings with it can cool on reading the conditions attached, especially if they are pre-commencement conditions with the potential to hold up the development. In these circumstances, it is worth reflecting on whether they were ever agreed to, as a recent appeal case shows (DCS Number 400-024-751).
News from PlanningResource
- The implications of the government's plan to introduce discounted homes for first-time buyers via unallocated sites April 15, 2021The government has announced its intention to introduce a new form of affordable housing for first-time buyers via exception sites that are not allocated by councils in local plans. Commentators warn that the new policy could raise challenges for local authorities and may impact on provision of other forms of affordable housing on such sites, […]
- Neighbourhood Watch: Locality urges continued use of offline consultation methods April 15, 2021Neighbourhood planning groups and other community organisations should ensure they use a mix of online and offline methods when conducting consultation exercises, according to guidance from Locality.
- How changes to the government's new commercial-to-residential permitted development right are likely to affect its impact April 15, 2021The government has introduced a number of restrictions to the final version of its controversial new commercial-to-residential permitted development right, including a size limit. While local authorities question whether the concessions would significantly reduce the potential harms caused by the new right, some consultants and lawyers suggest the changes could curtail developer interest.
- Ten key things that happened this week April 15, 2021Ten of the biggest stories from the past week, including news that three local authorities have indicated that they intend to submit an annual position statement (APS) to the Planning Inspectorate (PINS) in a bid to confirm for a 12-month period that they have a five-year housing land supply.
- Inspector blocks Leicester chippy PD conversion, saying 8 sqm flats 'too small' to be considered housing April 15, 2021An inspector has dismissed an appeal for a Leicester chip ship to be converted into three self-contained flats each measuring just eight to nine square metres under permitted development (PD) rights, finding that the units would be too small to provide enough "room to move" for occupiers and so would not constitute a dwellinghouse.
- London council loses High Court battle to impose greater controls on HS2 lorry movements April 15, 2021A west London council has failed in a High Court bid to overturn an inspector's decision and exert closer control over heavy lorry movements to and from five High Speed Two (HS2) construction sites in its area.
- RTPI and POS challenge proposal to link new homes bonus payments with past housing delivery record April 15, 2021The Royal Town Planning Institute (RTPI) and the Planning Officers Society (POS) have raised concerns about government plans to link New Homes Bonus (NHB) payments to a council's past housing delivery record, with POS claiming the move could "disadvantage" authorities with successful performance in this area.
- Developer withdraws High Court challenge to Jenrick’s refusal of 20-storey Norwich city centre tower April 15, 2021The developer behind controversial plans for a 1,250-home, 20-storey development in Norwich city centre has withdrawn from a High Court action against the secretary of state's decision to refuse the scheme and has announced it will instead prepare revised proposals for the site.
- 'Departure of immigrants from London has not caused house prices to drop' April 15, 2021A report claiming that the flight of foreign-born residents from London in the past year has had no impact on lowering house prices features in today's newspaper round-up.
- 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.