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
- Developer submits plans for 1,250-home development in south London April 14, 2021Plans have been submitted for a 1,250-home development on brownfield land in Bexley, south London.
- Join our free webinar on the future of town centres on Mon 19 April April 14, 2021Public and private sector planners and lawyers will examine the long-term planning implications of Covid-19 on the high street at a free webinar next week.
- 470-home London tower blocks get go-ahead despite tall buildings policy departure April 14, 2021Plans for a 470-home scheme up to 24 storeys high have been given the go-ahead in north London despite officers admitting that the development goes against the council’s adopted policy on tall buildings.
- Plans submitted for 2.4km road to unlock 9,000-home Essex 'garden community' April 14, 2021Plans have been submitted for a new 2.4km link road intended to assist in the delivery of a new Essex "garden community" of up to 9,000 new homes.
- British Land 'buying up retail parks and warehouses' April 14, 2021A report that developer British Land is buying up retail parks and warehouses features in today's media roundup.
- 'Illegally-demolished 100-year-old pub finally opens doors after brick-by-brick rebuild' April 13, 2021A report that a 100-year-old London pub unlawfully demolished by a developer before a judge ordered the firm to rebuild it 'brick by brick' opened its doors yesterday features in today's newspaper roundup.
- Judge refuses Sevenoaks Council's appeal against local plan cooperation failure ruling April 13, 2021The Court of Appeal has refused Sevenoaks Council permission to appeal against a High Court ruling that its local plan failed the duty to cooperate, with a judge describing the authority's case as "unarguable".
- Half of councils set high policy bar for off-site affordable housing provision, consultancy finds April 13, 2021While seven out of 10 English local planning authorities have a policy on off-site affordable housing, almost half of councils only accept the provision of such homes in “exceptional circumstances”, a planning consultancy report has found, which argues that such suspicion is holding back the creation of mixed communities.
- West Midlands councils appoint planning consultancy to produce regeneration masterplan April 13, 2021Birmingham City Council and Sandwell Council have appointed a planning consultancy to develop a masterplan as part of its Smethwick to Birmingham corridor regeneration project.
- Giant warehouse plans approved on unallocated countryside site despite objections from former planning minister April 13, 2021Councillors have narrowly approved plans for a 218,000 square metre distribution warehouse on an unallocated site in the Hampshire countryside despite an objection from former housing and planning minister Kit Malthouse.