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
- Plans submitted for 1,600-home east London development November 26, 2021Plans have been submitted for a 1,600-home scheme, part of the continued redevelopment of Aberfeldy Village in Poplar, east London.
- Annual housing supply plunged in 2020/21 to lowest level in five years November 26, 2021The number of new homes created in England in 2020/21 plunged by 11 per cent compared to the previous year - the first drop in eight years, figures from the Department for Levelling Up, Housing and Communities (DLUHC) show.
- PM's Irish Sea bridge plan 'scrapped over £335bn cost’ November 26, 2021A report that prime minister Boris Johnson’s dream of a bridge connecting Scotland and Northern Ireland has been dashed after being deemed too expensive leads our roundup of today's news.
- Developer fails to persuade High Court to extend development consent for major infrastructure project November 26, 2021The High Court has rejected a developer's attempt to prevent its consent for a major infrastructure project lapsing after five years, dismissing its argument that some preparatory works carried out after permission was granted meant that development had begun.
- Judge urges council to 'constructively' engage with landowners to resolve planning dispute over unlawful works November 26, 2021A High Court judge has criticised a council for a lack of "constructive" engagement with a couple who carried out unlawful building works in a woodland plot they own.
- Ten key things that happened in the past week November 25, 2021Ten of the biggest news stories from the past week, including news that a junior housing minister has overturned the former secretary of state Robert Jenrick’s controversial approval of the 1,500-home Westferry Printworks scheme .
- Why ministerial refusal of Tory donor's 1,524 homes indicates heightened importance of design and heritage in decision-making November 25, 2021A minister has refused plans for a 1,500-home scheme that was controversially approved by the previous housing secretary before that decision was quashed in the courts. Commentators said the latest refusal indicates the increasing weight given to design and heritage impacts in decision-making as well as potential ministerial caution following government scandals and controversy.
- Neighbourhood Watch: Council left with deciding vote after split decision on east London plan November 25, 2021Tower Hamlets Council will have to decide on whether to approve the Spitalfields neighbourhood plan after two referendums failed to achieve a consensus.
- The significance of the secretary of state’s rejection of the ‘Tulip’ skyscraper November 25, 2021A ministerial refusal of plans for a striking City of London tower reflects tougher national policies on design and the new importance of sustainability, say practitioners, as well as new tall building restrictions introduced by the London mayor.
- ‘M&S faces backlash for plans to rebuild Oxford Street store’ November 25, 2021News that retailer Marks and Spencer is facing a backlash for choosing to demolish and rebuild its Oxford Street store in contradiction of its own sustainability values, leads our roundup of today's news.