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
- ‘Number of holiday-let homes has soared by 40 per cent’ July 1, 2022A report by the BBC, detailing where spikes in holiday rental numbers are highest, leads our round-up of today’s newspaper stories
- Inspectors pause local plan hearings to ‘consider’ neighbouring authority’s unmet housing need July 1, 2022Planning inspectors have postponed the remaining public hearings assessing the viability of an authority’s local plan in order to “allow more time for the consideration of information relating to Leicester’s unmet housing need”.
- Residents in North Norfolk village use neighbourhood plan to stem rise in second home ownership July 1, 2022Residents in the parish of Heacham in North Norfolk have included a clause to their neighbourhood plan requiring all new housing to be sold as principal residences, to stem an increase in second and holiday home ownership.
- Independent review finds capacity of employment sites to absorb extra Black Country homes is 'not significant' July 1, 2022An independent review of the emerging strategic plan for the Black Country has identified additional brownfield land for development, but not “of a significant scale” to close out the subregion’s housing shortfall.
- Local Plan Watch: Council adopts plan after nine years of preparation, despite housing shortfall June 30, 2022A council has adopted a local plan after a nine-year preparation process, despite identifying a 500-home shortfall in its planned housing supply.
- 10 key things that happened this week June 30, 2022Ten of the biggest stories from the past week, including a council taking enforcement action against one of the UK's biggest housebuilders and the local authorities with the highest and lowest approval rates.
- How measures in the levelling up bill to force developers to complete schemes more quickly are likely to play out June 30, 2022The levelling up bill includes proposals requiring developers to tell councils when they are starting work on a permitted scheme and making it easier for authorities to force applicants to complete unfinished buildings. However, observers say the measures are unlikely to have any significant impact on build-out rates.
- ‘Census results suggest some green belt building might have been unnecessary’ June 30, 2022A national newspaper report claiming that the census results indicate that some green belt land might have been “unnecessarily” allocated for development due to over-estimated population figures in some areas leads our roundup of today’s news.
- Clarkson acting like ‘a classic bully’, says council planning officers’ chairman June 30, 2022TV presenter Jeremy Clarkson has been acting like “a classic bully” in picking on local authority planning officers, says the chairman of the body that represents them.
- The councils that determined the fewest applications within government time limits in 2020/21 and 2021/22 June 30, 2022Eighteen authorities are sitting below the government’s ‘special measures’ threshold for speed of decision making on applications in the two years to March 2022, two more than in the previous quarter.