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
- Council approves local plan ‘11 years late’ January 25, 2022A report that a council in Essex has finally approved its local plan after numerous delays leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction that would otherwise not be January 25, 2022Of the 51 councils that are subject to the housing delivery test’s most severe sanction - the weakening of their housing supply policies - only about one in five of them would not face the penalty anyway, according to Planning research.
- £64,000 bill for landlord who ignored enforcement notice January 25, 2022A landlord who showed “persistent disregard” of a planning enforcement notice has been ordered to pay a total of more than £64,000.
- PINS says in-person hearings can resume following lifting of government restrictions January 25, 2022The Planning Inspectorate (PINS) has said that in-person hearings and inquiries can resume as normal following the government's lifting of Covid restrictions, but will not be able to reveal its long-term plans for staging events until the spring.
- Peers criticise DLUHC over decision to make post-pandemic PD rights permanent January 25, 2022A House of Lords committee has criticised the government's decision to make permanent two initially temporary post-Covid permitted development (PD) rights, claiming the move has been made without “robust parliamentary scrutiny” and could have an “adverse impact” on the public.
- Government plans to bring HS2 Crewe to Manchester bill to Parliament today January 24, 2022A bill that would provide the powers needed to construct and operate the HS2 route between Crewe and Manchester will be introduced to Parliament today, transport minister Andrew Stephenson has said.
- ‘New government cycling and walking agency will be statutory planning consultee’ January 24, 2022A report that a new government agency promoting cycling and walking will become a new consultee body for any big planning application leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction for the first time January 24, 2022Of the 51 councils that are subject to the most severe penalty in this year's housing delivery test (HDT) - which involves the weakening of their housing supply policies - just three will face the sanction for the first time, according to Planning research.
- Council avoids judicial review over allegation of 'mistaken' permitted development approval January 24, 2022A district council has avoided a judicial review of its decision to allow the creation of two new flats above a shop after a parish council alleged that the authority mistakenly believed the consent to be covered by permitted development rules.
- Government announces 16 councils to share £3.7m digital planning cash January 24, 2022The government has announced that 16 councils across England have secured a share of over £3.7 million in funding to take part in trials intended to use digital technology to simplify and speed up the planning process.