An inspector has allowed the replacement of a barn in Wiltshire with a single dwelling after giving weight to the fallback of a prior approval for conversion (DCS Number 400-032-239). In doing so he set out case law on fallback.
Monthly Archives: August 2021
An inspector dealing with an appeal against a condition attached to the planning permission for a replacement dwelling in Staffordshire (DCS Number 400-031-583) has drawn attention to a significant change in the NPPF.
In determining an appeal against the refusal of prior approval for the addition of a first floor to a bungalow in Lancashire (DCS Number 400-032-082) an inspector has agreed with the appellant’s interpretation of ‘roof pitch’.
The types of conditions which can be attached to a listed building consent are set out at section 17 of the Planning (Listed Buildings and Conservation Areas) Act 1990. As the local planning authority in Bath found out recently at appeal they do not include ‘plans conditions’ (DCS Number 400-031-581).
A recent appeal decision in Bucks (DCS Number 400-031-518) tells us that you can’t reclad the frame of a building if the frame isn’t there, despite the appellant’s contention to the contrary.
Readers might recall when last year a statue of Edward Colston, the Bristol slave trader, was knocked off its plinth by protesters, rolled down to the harbour and dropped in the river. There Edward might have stayed but, given that the statue formed part of a listed structure, the city council hauled him back out. Subsequently, a replacement statue representing one of the protesters making a Black Power salute was placed on the plinth. This was immediately taken down, the council pointing out that there is a requirement to adhere to the proper procedures. Following non-determination of applications for planning permission and listed building consent, however, the applicants went to appeal (DCS Number 200-010-271).
An inspector has decided that a house in west Yorkshire is too old to benefit from permitted development rights for upward extension under Class AA, Part 1 of the GPDO (DCS Number 400-031-949).