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
- Councils appoint consultancy to help unblock delayed housing consents and appeal to ministers May 25, 2022A group of councils have appointed a consultancy to develop mitigation measures to allow it to progress a 50,000-home joint local plan that has been held up due to nutrient pollution concerns, and have asked two secretaries of state to intervene in the matter.
- ‘Fire alarm fails to derail eager Elizabeth Line passengers on first day of services’ May 25, 2022A report on enthusiastic passengers waiting overnight to be among the first to board trains on the London Underground’s new Elizabeth Line, and an opening day evacuation at Paddington station, leads today’s news roundup.
- Inspector allows appeal for 330 homes on unallocated Kent greenfield site May 25, 2022Plans for 330 homes on an unallocated greenfield site in Kent have been approved on appeal, after an inspector found that the local authority's housing land supply position was just three years and there was "little prospect" of it having an up-to-date local "in the near future".
- Inspector refuses ‘overwhelmingly dense’ and 'overbearing' 435-home east London scheme May 25, 2022A planning inspector has dismissed an appeal over plans for a 435-home development of up to 26 storeys in east London, after concluding that the scheme would be "overbearing" and create an “impression of overwhelmingly dense human habitation”.
- Council signs agreement with RTPI to ‘attract the best planners’ to city May 25, 2022Milton Keynes Council and the Royal Town Planning Institute (RTPI) have signed a memorandum of understanding to launch a “local planning academy” for the newly named city, in an effort to “attract the best planners” and improve the council’s planning service.
- ‘Somerset greenfields under threat after Planning Inspectorate decision on 200 new homes’ May 24, 2022A report that the Planning Inspectorate has given the go-ahead for a 200-home greenfield development in Somerset leads today’s news roundup.
- Secretary of state decision on nuclear power station delayed by six-and-a-half weeks May 24, 2022The secretary of state’s final decision on the proposed new Sizewell C nuclear power station has been delayed until July to consider “further information” from the developer and other parties following a post-examination consultation, a minister has announced.
- Government allocates £15m to councils to help deliver 43 garden communities May 24, 2022The government has announced £15 million of grant funding for local authorities to support the delivery of 43 garden community projects across England.
- Property firm takes over Oxford-based planning consultancy May 24, 2022A property consultancy has taken over an Oxford-based planning firm and announced that the smaller outfit's former director will become their new deputy head of planning.
- Southampton airport runway extension survives High Court challenge from campaign group May 24, 2022The High Court has upheld the planning permission granted for a controversial runway extension at Southampton International Airport, after a judge dismissed a campaign group's argument that the local authority should have waited for the secretary of state to decide whether or not to call in the plans before issuing its final consent.