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
- Ombudsman tells Warwick Council to pay £1,000 over bat roost failures in homes consent June 29, 2020A district council has been told to pay a local wildlife group £1,000 after failing to properly consider the impact that a planning application for a new housing estate might have on local bats, the local government watchdog has announced.
- Government intends to introduce further permitted development right for homeowners to build upwards June 29, 2020The government has said it intends to introduce "further" permitted development (PD) rights for building upwards without the need for planning permission, including allowing homeowners to extend their properties by adding new storeys.
- Housing secretary blocks 203-home Milton Keynes scheme for second time June 29, 2020Housing secretary Robert Jenrick has dismissed an appeal for 203 homes in the countryside outside of Milton Keynes after a previous secretary of state decision to refuse the plans was overturned by the High Court last year
- Ten things you need to know about the Business and Planning Bill June 29, 2020The government's Business and Planning Bill was introduced to the House of Commons on Thursday 25 June. Here are ten things you need to know about its contents.
- Appeal court backs Harrogate Council's departure from standard housing need method in homes consent June 29, 2020The Court of Appeal has ruled that a Yorkshire council was justified in not using the government's standard method in assessing its housing need and dismissed an objector's challenge to the authority's consent for 21 new homes on a greenfield site.
- Developers linked to Johnson's London mayoral permissions 'have donated almost £1m to Tory party in past year' June 29, 2020Reports that "property developers connected to major construction projects approved by Boris Johnson when he was mayor of London have donated almost £1m to the Conservative party over the past year" feature in today's newspaper round-up.
- Number 10 'says radical planning reforms have been put on hold' June 26, 2020A claim that the government has back-tracked on radical planning reforms and news of the Trump administration's concerns about an English council's approval of plans for a Chinese tech giant's research facility feature in today's newspaper round-up.
- Government changes rules to block windowless permitted development housing June 26, 2020The government has tabled rule changes that would require councils to refuse permitted development right conversions that create homes with habitable rooms that are windowless or lack adequate natural light
- Green light for 50,000 sqm Huawei research facility in Cambs despite heritage impacts June 26, 2020A Chinese telecommunications company has won consent for a 50,000 square metre research and development centre in South Cambridgeshire, after officers advised that the scheme's "substantial" economic benefits outweighed the "significant harm" caused to the setting of a nearby Iron Age fort.
- Jenrick: I shouldn't have given developer my phone number June 26, 2020Housing secretary Robert Jenrick has told MPs that he regrets giving Richard Desmond his phone number a couple of months before he unlawfully allowed the developer's appeal against the non-determination of the Westferry Printworks scheme.