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
- 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.