A north Devon council which issued an enforcement notice alleging “the material change of use of the land involving the erection of a building for residential use entailing human habitation” was given some good news and bad news by the inspector determining the subsequent appeal (DCS Number 400-028-602). The inspector found that the council had conflated the operational development with the material change of use but nevertheless declined to rule that the notice was a nullity. He did rule that it was invalid, though.
Monthly Archives: November 2020
Not very unauthorised
In determining an appeal against an enforcement notice requiring the demolition of an unauthorised roof extension at a house in Hertfordshire an inspector has ruled that there is no degree of tolerance in permitted development rights (DCS Number 400-028-517).
Sunny Devon
This year has been pretty awful for the tourism industry but 2021 is now looking altogether brighter for the owner of a holiday caravan park in north Devon, having secured a lawful development certificate for an unrestricted number of caravans (DCS Number 400-028-391). At appeal, an inspector ruled that the number of caravans was no longer bound by the original planning permission for 45 caravans.
Moving the goalposts
A south Wales council has been shown a yellow card and had a full award of costs made against it after raising a new issue when determining a resubmitted flats scheme (DCS Number 400-028-347).
Catch 22
Here is another appeal example relating to an aspect of the GPDO which we commented on in 2017, in A lose-lose situation. There are still no winners.
This case relates to an appeal against the refusal of a lawful development certificate for a single storey extension to a house in an Oxfordshire village (DCS Number 400-028-293). The site was in both a conservation area and the North Wessex Downs area of outstanding natural beauty.
A novel interpretation
Paragraph 79 e) of the NPPF allows for the development of isolated homes in the countryside if the design is of exceptional quality in that it is truly outstanding or innovative.
Virtual reality
Readers might be aware that the Planning Inspectorate’s latest Procedural Guide now allows for the appeal process to be a hybrid of the inquiry, hearing and written representations procedures. This reflects the greater flexibility provided for in the Business and Planning Act 2020 which contains measures designed to support the economy during the coronavirus pandemic.
Be kind
In a decision which appears to reflect the current zeitgeist, an inspector has ruled that in making planning decisions, good neighbourliness must be assumed (DCS Number 400-028-265).
The proposal in this case sought to use part of the flat roof of a single storey rear extension at a flat in west London as a balcony enclosed by railings and as a walkway to a spiral staircase providing a means of escape and access to the rear garden.
A satellite development
Here’s one that’s a bit unusual but interesting, nonetheless:
An inspector has deleted the requirement to remove two satellite dishes from a listed building from an enforcement notice affecting a south London pub, as they were outside the control of the appellant (DCS Number 400-028-190).
News from PlanningResource
- 'One of Birmingham's tallest buildings' approved despite three per cent affordable flats January 11, 2021Birmingham City Council has approved a 48-storey city centre development of 454 build-to-rent apartments, despite the provision of a less-than-policy-compliant 14 affordable flats and concerns about heritage impacts.
- WYG rebrands as Tetra Tech following takeover January 11, 2021One of the UK’s biggest planning consultancies has officially adopted the name of its American parent company following a takeover in 2019.
- Almost a third of English councils lack a five-year housing land supply, research finds January 11, 2021The number of English councils with a National Planning Policy Framework (NPPF)-compliant development plan has risen to 71 per cent, but almost a third of local authorities lack a five-year housing land supply, according to new research from consultancy Savills.
- Developer has to pay Herts council extra £0.5m due to 'flagrant' CIL regulations breach January 11, 2021A developer will have to pay an additional £500,000 towards local infrastructure after a planning inspector concluded that the firm had made a "flagrant breach" of community infrastructure levy (CIL) regulations by starting work on a site without first notifying the local authority.
- May local elections ‘likely to be delayed’ January 11, 2021Speculation over whether May's local and mayoral elections will be postponed in light of the coronavirus upsurge and news of the completion of London’s “largest ever office building” feature in today's newspaper roundup.
- Number of housing sites planned on London's green belt has trebled in four years, report claims January 8, 2021The number of housing sites allocated on London's green belt in local plans has trebled in the past four years, according to a study by a conservation pressure group, which claims that planning inspectors are unnecessarily "insisting" on green belt reviews.
- Inspector allows 440-home scheme on allocated site after Kent council's 'unreasonable' refusal January 8, 2021A planning inspector has granted permission for up to 440 homes on an allocated greenfield site in Kent and issued a partial costs award against the local authority, after concluding that there was "no demonstrable evidence" backing up one of the council's reasons for refusal on highways grounds.
- Inspector backs north Essex joint local plan following removal of 34,000-home garden communities January 8, 2021Three north Essex councils may have to begin the process of identifying adequate land to make up for the deletion of two garden communities totalling 34,000 homes from their joint local plan, after a planning inspector backed the adoption of the document without the two proposed settlements.
- Homebuilding sector 'benefits from housing market boom’ January 8, 2021News of the resilience of the housebuilding sector during the pandemic leads our roundup of today's newspapers.
- What the government's latest housing need changes mean for the areas subject to higher requirement levels January 7, 2021The vast majority of the 52 local authorities that will have to apply a new 35 per cent uplift to their housing need levels under the revised standard method will be subject to figures far in excess of their recent delivery levels. Meeting such an increased need will be a challenge say observers and risks […]