Monthly Archives: March 2020

A textbook example






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.

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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).

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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).

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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.

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