This one comes up regularly, which it really shouldn’t. In determining an appeal against an enforcement notice relating to land in Cambridgeshire (DCS Number 400-029-772), an inspector has explained that ‘curtilage’ is not a use of land:-
Monthly Archives: February 2021
A matter of principle
An inspector has decided that an Essex council was mistaken in its view that permission in principle cannot be granted for development on land which is not on a brownfield land register (DCS Number 400-029-717).
The man on the Clapham omnibus
You don’t meet the man on the Clapham omnibus much these days but here he is in a recent appeal case:
In determining an appeal against an enforcement notice which alleged the material change of use of agricultural land in west Cornwall to a mixed allotment and leisure use (DCS Number 400-029-642), the inspector first gave his attention to getting the notice in order.
A flat refusal
The change of use of part of a ground floor shop in Leicester to three self-contained flats under Schedule 2, Part 3, Class M of the GPDO has been denied permission, an inspector declining to recognise the minimal scale of accommodation proposed as dwellings (DCS Number 400-029-654). As the debate concerning the expansion of permitted development rights continues we thought this case was one to highlight.
Vitamin Sea
Desperately in need of a dose of Vitamin Sea, we’ve been watching Cornwall and Devon Walks with Julia Bradbury on ITV. Julia described the coastal town of Salcombe as ‘chi chi’ so it probably ought not to come as a surprise that a camping barn there might be better described as luxury than rudimentary (DCS Number 400-029-508).
An unrestrained whim
In determining whether an outbuilding at a house in Buckinghamshire would be permitted development under Schedule 2, Part 1, Class E of the GPDO an inspector made reference to the leading court case on the subject, Emin v Secretary of State for the Environment and Mid-Sussex DC [1989].
A key question
Class M of Part 3 of Schedule 2 of the GPDO allows for ‘… a change of use of a building from…a use falling within Class A1 (shops) or Class A2 (financial and professional services) …to a use falling within Class C3 (dwellinghouses) …subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to…whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses)… because of the impact of the change of use …where the building is located in a key shopping area, on the sustainability of that shopping area.’
Happy and free
Looking forward to the “happy and free Great British summer” predicted by the Secretary of State for Health it might be a good idea to gen up on the planning legislation relevant to caravans. Happily, we spotted a useful appeal case recently: in settling an argument as to whether the siting of static caravans on a site in Dorset would be lawful (DCS Number 400-029-263) the inspector recounted the relevant case law.
News from PlanningResource
- 'Planning system fails to integrate government climate change commitments,' says Lord Deben September 17, 2021Climate Change Committee (CCC) chair Lord Deben has told MPs that the planning system fails to integrate the government’s commitments to fighting climate change, while local authorities lack Whitehall support in their efforts to reach net zero.
- ‘Gove facing calls to return £100,000 in property developer donations’ September 17, 2021A report that Michael Gove is facing pressure to return donations from a property developer over a potential “conflict of interest” with his new role as housing secretary leads our round-up of today’s news.
- Former Policy Exchange director lands MHCLG ministerial post September 17, 2021Neil O’Brien MP, a former director of the Policy Exchange think tank who describes "reforming" the planning system as one of his priorities, has been appointed to a new junior ministerial post at the Ministry of Housing, Communities and Local Government (MHCLG).
- Gove 'pauses and promises to review government planning changes' September 17, 2021New housing secretary Michael Gove has "paused" the government’s long-awaited shake-up of the planning system and pledged to conduct a review into how the proposals can be improved, according to newspaper reports, which say he intends to consult with Tory backbenchers.
- Council's draft local plan proposes deallocating 8% of its green belt September 17, 2021A Hertfordshire council has published a new draft of its local plan that proposes the deallocation of eight per cent of the borough's green belt land, some of which would be used for a new settlement of up to 6,000 homes.
- Correction: table on p21 of the Autumn print edition September 16, 2021The Insight Report on housing appeals in the print edition of the Autumn 2021 issue of Planning, which will be arriving in subscribers' mailboxes over the next few days, includes an incorrect table.
- Ten key things that happened this week September 16, 2021Ten of the biggest stories from the past week, including news that Michael Gove has replaced Robert Jenrick as housing secretary in the cabinet reshuffle.
- Local Plan Watch: Council mulls allocating 12,500 homes on greenfield sites in updated plan September 16, 2021A local authority in Hampshire is considering proposals to build 12,500 homes on three large greenfield sites in its updated local plan, to help meet a higher housing target.
- The implications for planners of a new government-commissioned report on self build housing September 16, 2021A government-commissioned report's recommendations on changing the planning system to boost self build housing - including the introduction of local authority plot targets - are likely to be positively received by ministers, say observers. But some are concerned about the implications for councils of having to hit any new quotas and of additional duties.
- Why the risk of councils issuing planning decisions by mistake may be increasing September 16, 2021Recent examples of planning decision blunders by councils should serve as a warning over moves to digitise the planning system, say practitioners, who highlight the difficulty and cost of overturning such administrative errors. Many also believe that the risk of mistakes has become greater due to local authority planning teams becoming increasingly over-stretched.