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
- Theresa May leads Tory backbenchers' concerns over planning bill measures May 12, 2021The former Prime Minister and an ex-environment secretary are among the Conservative MPs who have expressed concerns over proposals in the planning bill announced in yesterday’s Queen’s Speech, including that it would limit "local involvement” in the planning process.
- Senior local government officials to speak at National Planning Summit 2021 May 12, 2021Senior officials from local planning authorities will speak at Planning’s virtual national conference on 18-19 May.
- PINS to hold ‘majority’ of appeal events online ‘for the remainder of the year’ May 12, 2021The Planning Inspectorate (PINS) has said that, due to uncertainties around the easing of pandemic restrictions, it will be likely to hold a "majority" of its appeal hearings and inquiries through virtual events "for the remainder of the year".
- Secretary of state allows south London school after dismissing highways safety objections May 12, 2021The communities secretary has allowed an appeal for a special needs school on a site allocated for education uses in south London after agreeing with an inspector that the council's objections to the scheme in relation to highways safety were unfounded.
- Law firm promotes planning solicitor to partner May 12, 2021A London law firm has promoted its director of planning to become a partner.
- New Labour mayor 'likely to ditch Cambridgeshire Autonomous Metro' May 12, 2021A report that a newly-elected Labour mayor is thinking of dropping ambitious plans for a new partly-underground metro link in Cambridgeshire features in today's news roundup.
- Nine planning changes for the next year promised in the Queen's Speech May 12, 2021Yesterday’s Queen’s Speech set out the legislation that the government intends to pass during the next year. The programme includes a planning bill, and several other bills with planning implications. Here are nine key changes that the government plans to make.
- Developer contributions shake-up to proceed in new planning bill May 11, 2021Plans to create a "more predictable and more transparent" developer contributions levy to replace the current system of section 106 agreements and the community infrastructure levy (CIL) will proceed in the upcoming planning bill, the government confirmed today.
- Rule changes for development corporations on the way, after government consulted on beefing them up May 11, 2021The government has said that the planning bill will change the rules governing development corporations, which it has previously suggested could be given broader powers over plan-making and development management, as well as greater access to developer contributions.
- Local plans to 'provide more certainty' on development proposals and be produced quicker May 11, 2021Local plans will have to "provide more certainty" on development proposals for "different categories of land" and be produced more quickly under measures in the upcoming planning bill, the government has announced.