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
- Care home scheme 'complied with local plan as a whole' despite open space shortfall, High Court rules January 12, 2021The High Court has ruled that Shropshire Council was entitled to approve a sheltered housing scheme as being in broadly in line with its development plan, despite providing residents with less open space than the document would require.
- Shapps grants development consent for A38 junction improvements in Derby January 12, 2021Transport secretary Grant Shapps has granted development consent for improvements to three junctions on the A38 in Derby after finding that the scheme's benefits, including support for new housing and jobs, outweighed its climate change impacts.
- ‘Poor’ brownfield land registers ‘hinder the development of new homes’, developer’s report claims January 12, 2021“Gaps” in local authorities’ recording of brownfield sites in their area mean the opportunity to develop these for housing “is massively under-estimated”, according to a new study.
- Actress Cate Blanchett ‘needs bat plan’ as part of permission for meditation room January 12, 2021News of the requirements that form part of the planning permission granted to an Oscar-winning actress for a new meditation room at her home leads today's newspapers roundup.
- Inspectors advise York to consider withdrawing local plan over green belt boundaries concerns January 12, 2021Inspectors have asked York City Council to "give serious consideration" to withdrawing its long-awaited local plan from examination, after suggesting that the authority may struggle to address their concerns about the strategy's proposed green belt boundaries.
- 'One of Birmingham's tallest buildings' approved despite three per cent affordable flats January 11, 2021Birmingham City Council has approved a 48-storey city centre development of 454 build-to-rent apartments, despite the provision of a less-than-policy-compliant 14 affordable flats and concerns about heritage impacts.
- WYG rebrands as Tetra Tech following takeover January 11, 2021One of the UK’s biggest planning consultancies has officially adopted the name of its American parent company following a takeover in 2019.
- Almost a third of English councils lack a five-year housing land supply, research finds January 11, 2021The number of English councils with a National Planning Policy Framework (NPPF)-compliant development plan has risen to 71 per cent, but almost a third of local authorities lack a five-year housing land supply, according to new research from consultancy Savills.
- Developer has to pay Herts council extra £0.5m due to 'flagrant' CIL regulations breach January 11, 2021A developer will have to pay an additional £500,000 towards local infrastructure after a planning inspector concluded that the firm had made a "flagrant breach" of community infrastructure levy (CIL) regulations by starting work on a site without first notifying the local authority.
- May local elections ‘likely to be delayed’ January 11, 2021Speculation over whether May's local and mayoral elections will be postponed in light of the coronavirus upsurge and news of the completion of London’s “largest ever office building” feature in today's newspaper roundup.