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
- Government reveals 300 projects allocated £900million Getting Building funding August 4, 2020A vertical farming facility in Cumbria, redevelopment of the Big Brother television studios in Hertfordshire, and a new cruise terminal in Hampshire are among the projects that will receive a share of the government’s £900 million Getting Building Fund.
- Greater permitted development rights 'kneecap' the planning system August 4, 2020A warning of the unintended consequences from deregulating urban development leads our round-up of today's newspapers.
- City approves 30-storey, 995 home, private rented sector tower August 4, 2020City councillors in Birmingham have approved plans for a 30-storey development of close to 1,000 homes, after officers advised the benefits of the scheme outweighed heritage concerns.
- Suffolk council concedes errors in considering historic building demolition plans August 3, 2020Heritage campaigners have succeeded in a legal effort to block plans for the demolition of a rural railway station building once used in the filming of TV comedy Dad's Army, after the local council conceded that it had made errors in considering the matter.
- Judge rejects legal challenge against inspector's 460-home Wiltshire refusal August 3, 2020The High Court has rejected a developer's legal challenge to a planning inspector's rejection of its plans for more than 460 homes on a former airfield in Wiltshire.
- Court rejects claim that 'extra care' scheme should not contribute affordable homes because it falls outside C3 use class August 3, 2020The High Court has come down on the side of a planning inspector in a case which considered whether 'extra care' housing developments should make contributions towards affordable homes.
- Milton Keynes MPs call on Jenrick to investigate local planning department August 3, 2020Two Milton Keynes Conservative MPs have backed calls for housing secretary Robert Jenrick to investigate alleged failings in their local authority’s planning team.
- Court backs London council over HS2 works refusal August 3, 2020The Court of Appeal has come down on the side of a west London borough over its decision to refuse consent for works related to the High Speed Two (HS2) rail project.
- Jenrick cites world heritage impact in refusing 185 homes in Derbyshire green belt August 3, 2020Housing secretary Robert Jenrick has dismissed an appeal for a housing development in the Derbyshire green belt after finding that it would cause unacceptable harm to a world heritage site
- 'Radical' planning changes will see land zoned for growth, renewal or protection, Jenrick says August 3, 2020"Radical" changes to the "outdated and cumbersome" planning system due to be published this week will see land designated in three new categories covering growth, renewal or protection, the housing secretary has announced.