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
- Maidstone councillors vote against 421-home scheme despite costs warning June 2, 2020Councillors in Maidstone have voted against plans for 421 homes on a site allocated in the authority's local plan, in spite of officers' warnings that refusal would put the council at risk of a successful appeal and "significant" costs.
- Manchester apartments plan submitted with reduced affordable housing offer June 2, 2020Plans have been submitted for a 634-unit residential scheme in three towers rising up to 37 storeys in Manchester, with the applicants arguing that the scheme cannot deliver a policy-compliant affordable housing level due to "clear viability constraints".
- Inspector backs 'robust' green belt review in Surrey local plan June 2, 2020A Surrey council's local plan, which includes proposals for the deallocation of green belt land to provide for a 1,700-home development, has been found sound by a planning inspector who concluded that the authority's green belt review was "robust".
- RTPI and POS sign agreement 'to put planning and planners centre stage' June 2, 2020The Royal Town Planning Institute (RTPI) and the Planning Officers Society (POS) have signed an agreement to increase their collaboration over the next five years to "put planning and planners centre stage of the built environment professions".
- Submission of Suffolk plant application 'unleashes fresh questions over future of nuclear in UK' June 2, 2020Reports that the submission of a planning application for a new nuclear power station on the Suffolk coast has "unleashed fresh questions over whether Britain needs more large nuclear" power schemes feature in today's media round-up.
- Labour demands probe into Jenrick's 'biased' consent for 1,500-home Docklands scheme June 1, 2020The Labour Party has called for an investigation into a secretary of state decision to approve a 1,500-home scheme in London's Docklands, after the High Court ruled last month that there was 'apparent bias' in the consent.
- High Court thwarts ClientEarth's bid to overturn minister's consent for Drax gas plant June 1, 2020The government's consent for a new gas-fired plant at the Drax power station in Yorkshire, taken against the recommendation of a planning inspector, has been upheld by a High Court judge who ruled that the ministerial approval was in line with national planning policy.
- Go-ahead for 725-home Kent urban extension June 1, 2020Plans have been approved for a 725-home urban extension on farmland to the east of Ashford in Kent, in line with a recommendation from planners who advised that the scheme was of "great significance" to the delivery of the borough's overall planning strategy.
- Preferred route selected for link road to support new 9,000-home Essex community June 1, 2020The preferred route has been announced for a new 2km link road intended to support the delivery of a 9,000-home 'garden community' in Essex that won the backing of a planning inspector last month.
- PINS announces 35 digital events to be held next month May 29, 2020The 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.