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).
Monthly Archives: November 2020
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
- National Model Design Code may not be issued until early next year, chief planner reveals November 20, 2020The government's National Model Design Code may not be published until early next year, the government's chief planner has revealed, after she told a conference that it should be issued "within the next couple of months”.
- Government reveals details of ‘streamlined’ planning measures for ‘at least seven’ new English freeports November 20, 2020The government has opened a bidding process for prospective developers of "at least seven" new freeports in England, revealing further details of the “streamlined" planning measures involved and saying it hopes some of the sites will open next year.
- New planning arrangements for revised shared ownership model from April 2021, government reveals November 20, 2020Planning permissions issued from April 2021 will have to be in line with the government's new shared ownership affordable homes model, while councils should "have flexibility" in allowing developers to amend existing proposals to take into account the changes, according to a consultation document.
- ‘If you listen to young people, you end up with better places to live’ November 20, 2020Moves to factor in young people's urban design views for a London regeneration project and a claim that 'lazy' civil servants allowed costs for HS2 to spiral by £5 billion feature in our roundup of today's newspapers.
- Council returns to High Court to quash two more of its consents following fresh errors November 20, 2020A Cambridgeshire council that earlier this year asked the High Court to quash one of its consents due to "administrative errors" has apologised after admitting that it has had to go back to the court to reverse two further planning permission mistakes at a likely cost of £10,000.
- Ten key things that happened this week November 19, 2020A round-up of the most important news developments this week, including the government’s decision to revise its proposed standard housing need method to “rebalance” the distribution of housing across the country.
- Local Plan Watch: Fareham draft plan drops housing target in response to government’s standard method changes November 19, 2020A Hampshire council has published a revised version of its emerging local plan with lower homes targets in response to the government’s proposed changes to its standard method of assessing housing need.
- The signs that the government may be rowing back on its radical planning agenda November 19, 2020Many policy-watchers suspect the departure of Dominic Cummings from the heart of Number 10 and widespread backbench opposition will see the government compromise on some of its more radical planning changes outlined in the white paper. However, they expect the broad deregulatory thrust of the measures to remain.
- What we know so far about uptake of the new upward extension PD rights November 19, 2020Research by Planning involving a selection of councils and consultants shows that so far, use by applicants of new permitted development rights allowing the upward extension of properties to create new or bigger homes has been relatively modest - with a strikingly high refusal rate. But practitioners say that interest could increase following this week's […]
- Major infrastructure applications due by March 2021 November 19, 2020Nationally Significant Infrastructure Projects, applications for which are expected by the end of the first quarter of 2021.