We have seen a good number of appeal cases relating to lawful development certificates where inspectors have issued decisions without the benefit of a site visit. This might be unsurprising, given that such appeals turn on the facts of the case rather than matters of planning judgement. In a new development, we now have an example of a section 78 appeal which the inspector has decided without a site visit (DCS Number 400-025-725).
Monthly Archives: April 2020
Out on the streets
In Unprecedented times we flagged up an enforcement appeal decision in which the inspector accepted that an uncertain situation currently exists with regard to Covid-19 but nevertheless reasoned that under s173A of the Act the council had the power to extend the time for compliance with the notice. In a further enforcement appeal relating to an unauthorised house in multiple occupation in north London (DCS Number 400-025-551), however, the inspector extended the compliance period, recognising that the effect of the notice would be to deprive the tenants of their homes at a time when they would be unlikely to find somewhere else to live.
Tact and discretion
Planning inspectors are, of course, public servants and must always treat appellants with the utmost courtesy and respect. On occasion that must prove quite a challenge. We rather admired the following phrasing, found in an appeal against an enforcement notice directed at the unauthorised residential conversion of a pub in Oxfordshire (DCS Number 400-025-507).
Viel Gluck
A recent court case, Gluck v Secretary of State for Housing Communities and Local Government [2020], has brought good luck to a local authority in Cheshire which found itself unable to determine a prior approval application under Class Q of the GPDO within the requisite period.
Taken out of context
The planning application process demands that information is provided about the context in which a development site is located. Given that that context might comprise land which is outside the control of the applicant, it can be problematic to provide information that is totally accurate. Nevertheless, providing inaccurate information has resulted in an unfortunate outcome for a would-be developer in north London.
Unprecedented times
As we all now know, we live in unprecedented times, and we are all having to adapt in one way or another. For its part, the Planning Inspectorate is busily exploring new ways of working and decision-making whilst adhering to the principles of fairness, openness and impartiality. In this context, we thought it might be useful to flag up a recent appeal against an enforcement notice which required the demolition, within twelve months, of an unauthorised house in Kent (DCS Number 400-025-508).
A wicked problem
An inspector has allowed a takeaway near to three primary schools on Merseyside, reasoning that primary school children would not be allowed out of school on their own, and so would be unable to buy takeaway food (DCS Number 400-025-467). You might think that perhaps the inspector has a point…until reading a further appeal decision, relating to a takeaway in Gateshead, in which the inspector reasons that where there are overweight children in an area there are probably also overweight adults, and planning policies are aimed at improving the health of the population as a whole (DCS Number 400-025-220).
News from PlanningResource
- 'Planning system fails to integrate government climate change commitments,' says Lord Deben September 17, 2021Climate Change Committee (CCC) chair Lord Deben has told MPs that the planning system fails to integrate the government’s commitments to fighting climate change, while local authorities lack Whitehall support in their efforts to reach net zero.
- ‘Gove facing calls to return £100,000 in property developer donations’ September 17, 2021A report that Michael Gove is facing pressure to return donations from a property developer over a potential “conflict of interest” with his new role as housing secretary leads our round-up of today’s news.
- Former Policy Exchange director lands MHCLG ministerial post September 17, 2021Neil O’Brien MP, a former director of the Policy Exchange think tank who describes "reforming" the planning system as one of his priorities, has been appointed to a new junior ministerial post at the Ministry of Housing, Communities and Local Government (MHCLG).
- Gove 'pauses and promises to review government planning changes' September 17, 2021New housing secretary Michael Gove has "paused" the government’s long-awaited shake-up of the planning system and pledged to conduct a review into how the proposals can be improved, according to newspaper reports, which say he intends to consult with Tory backbenchers.
- Council's draft local plan proposes deallocating 8% of its green belt September 17, 2021A Hertfordshire council has published a new draft of its local plan that proposes the deallocation of eight per cent of the borough's green belt land, some of which would be used for a new settlement of up to 6,000 homes.
- Correction: table on p21 of the Autumn print edition September 16, 2021The Insight Report on housing appeals in the print edition of the Autumn 2021 issue of Planning, which will be arriving in subscribers' mailboxes over the next few days, includes an incorrect table.
- Ten key things that happened this week September 16, 2021Ten of the biggest stories from the past week, including news that Michael Gove has replaced Robert Jenrick as housing secretary in the cabinet reshuffle.
- Local Plan Watch: Council mulls allocating 12,500 homes on greenfield sites in updated plan September 16, 2021A local authority in Hampshire is considering proposals to build 12,500 homes on three large greenfield sites in its updated local plan, to help meet a higher housing target.
- The implications for planners of a new government-commissioned report on self build housing September 16, 2021A government-commissioned report's recommendations on changing the planning system to boost self build housing - including the introduction of local authority plot targets - are likely to be positively received by ministers, say observers. But some are concerned about the implications for councils of having to hit any new quotas and of additional duties.
- Why the risk of councils issuing planning decisions by mistake may be increasing September 16, 2021Recent examples of planning decision blunders by councils should serve as a warning over moves to digitise the planning system, say practitioners, who highlight the difficulty and cost of overturning such administrative errors. Many also believe that the risk of mistakes has become greater due to local authority planning teams becoming increasingly over-stretched.