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
- '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.