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
- Developer submits plans for 1,250-home development in south London April 14, 2021Plans have been submitted for a 1,250-home development on brownfield land in Bexley, south London.
- Join our free webinar on the future of town centres on Mon 19 April April 14, 2021Public and private sector planners and lawyers will examine the long-term planning implications of Covid-19 on the high street at a free webinar next week.
- 470-home London tower blocks get go-ahead despite tall buildings policy departure April 14, 2021Plans for a 470-home scheme up to 24 storeys high have been given the go-ahead in north London despite officers admitting that the development goes against the council’s adopted policy on tall buildings.
- Plans submitted for 2.4km road to unlock 9,000-home Essex 'garden community' April 14, 2021Plans have been submitted for a new 2.4km link road intended to assist in the delivery of a new Essex "garden community" of up to 9,000 new homes.
- British Land 'buying up retail parks and warehouses' April 14, 2021A report that developer British Land is buying up retail parks and warehouses features in today's media roundup.
- 'Illegally-demolished 100-year-old pub finally opens doors after brick-by-brick rebuild' April 13, 2021A report that a 100-year-old London pub unlawfully demolished by a developer before a judge ordered the firm to rebuild it 'brick by brick' opened its doors yesterday features in today's newspaper roundup.
- Judge refuses Sevenoaks Council's appeal against local plan cooperation failure ruling April 13, 2021The Court of Appeal has refused Sevenoaks Council permission to appeal against a High Court ruling that its local plan failed the duty to cooperate, with a judge describing the authority's case as "unarguable".
- Half of councils set high policy bar for off-site affordable housing provision, consultancy finds April 13, 2021While seven out of 10 English local planning authorities have a policy on off-site affordable housing, almost half of councils only accept the provision of such homes in “exceptional circumstances”, a planning consultancy report has found, which argues that such suspicion is holding back the creation of mixed communities.
- West Midlands councils appoint planning consultancy to produce regeneration masterplan April 13, 2021Birmingham City Council and Sandwell Council have appointed a planning consultancy to develop a masterplan as part of its Smethwick to Birmingham corridor regeneration project.
- Giant warehouse plans approved on unallocated countryside site despite objections from former planning minister April 13, 2021Councillors have narrowly approved plans for a 218,000 square metre distribution warehouse on an unallocated site in the Hampshire countryside despite an objection from former housing and planning minister Kit Malthouse.