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
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).
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.
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.
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).
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 .
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.’
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.