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
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).
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.
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).
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.
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.
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.
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.
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).