Monthly Archives: January 2021

Handed out

Anyone who has felt dismay on reading a council’s 30-item planning application validation list will cheer the appellant who challenged the need for a particular item at appeal. And won. 

In this case, relating to a proposal for two dwellings in north Wales (DCS Number 400-029-403), the planning authority demanded handed plans of the proposed dwellings and associated double garage. Appealing the council’s notice of invalidity, the appellant maintained that a planning department should not require identical mirrored plans, and it was therefore unreasonable to identify such plans as a validation requirement. 

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Granny’s Law

The conversion and extension of an outbuilding at a house in the green belt in Essex to a residential annex has been granted planning permission by an inspector, notwithstanding the council’s concern that it would result in the creation of an independent residential unit (DCS Number 400-028-727). This is an issue which comes up not infrequently, so we thought it would be useful to pass on the relevant case law, helpfully set out by the inspector in her decision. 

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Not the same

An inspector has quashed an enforcement notice requiring the demolition of an extension to a house in Surrey after deciding that it was permitted development (DCS Number 400-028-983).

The inspector recorded that Class A of Part 1, Schedule 2 of the GPDO permits the enlargement, improvement or other alteration of a dwellinghouse. Paragraph A.3 provides that development is permitted by Class A subject to conditions, of which it was argued by the council that condition (a) was in breach, in that the external materials were not of similar appearance to those used in the construction of the exterior of the existing dwellinghouse. The Order gives no further interpretation of the meaning of this condition, the inspector noted. 

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Stick to the plan

Recent events in the United States have given us all reason to reflect on the value and nature of democracy. Against this background comments from a planning inspector in a recent appeal decision (DCS Number 200-009-796) provide an important reminder that we operate a plan-led system built upon community involvement:-

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A Trojan horse?

The description of development from a recent appeal decision (DCS Number 400-029-206):-

“The development proposed is wooden horse field shelter.”

In this case the inspector was unconvinced by the appellant’s argument that the timber building was for outdoor sport and therefore not inappropriate development in the green belt. He observed that the building was sited within a garden area where there were garden chairs, and it had grooved timber decking.

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Blue Monday

With the prospect of Blue Monday looming we are sorry to report that the demands of planning legislation on planning professionals might be even greater than we thought. 

A recent appeal case (DCS Number 200-009-731), though relating specifically to a proposed agricultural development, has a bearing on the consideration of prior approval applications in general.

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