Monthly Archives: June 2021

A lack of interest

The Planning Inspectorate does not often exercise its right under section 79(6A)(a) of the Act but it’s worth noting that it will not hold an appeal in abeyance for ever. An appeal relating to the refusal of planning permission for six semi-detached affordable dwellings in north Wales dating from 2015 (DCS Number 400-031-412) provides an example. 

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In Cut down to size we reported an appeal case in which an inspector refused to sanction the retention of a fence which had been reduced to 2m in height, pointing out that permitted development rights do not apply retrospectively. In a more recent case, on the other hand, an inspector has granted permission for the retention of a fence on condition that it is reduced in height to bring it in line with permitted development limits (DCS Number 400-031-260).

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A difficult position

In upholding a listed building enforcement notice directed at the replacement of a window at a 17th century farmhouse in Cheshire with French doors (DCS Number 400-031-136) an inspector rejected the appellant’s argument that the notice should be considered a nullity as it required the installation of a window that would not comply with Building Regulations. 

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Crystal clear

An inspector has rejected a householder’s claim that the application of opaque film to a new window in a side gable qualified it as permitted development (DCS Number 400-031-232).

The appellant argued that the matters alleged in the council’s enforcement notice did not constitute a breach of planning control. The notice, the inspector recorded, attacked a large window. He determined, firstly, that installing the window was a building operation materially affecting the external appearance of the dwelling and falling within the statutory definition of development. He explained that, whilst such an operation can be permitted development, that is conditional on the use of obscure glazing where, as in the case before him, the window is in an upper floor of a wall or roof slope forming a side elevation of the dwelling (GPDO Article 3, Schedule 2, Part 1, Class A, condition A.3 (b)). 

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