An inspector has quashed an enforcement notice which required the removal of a building constructed in 2017 from a golf course complex in Staffordshire, finding that it was a temporary structure permitted under Part 4 Class A of the GPDO (DCS Number 200-010-333).
Monthly Archives: September 2021
Front of house
The change of use of a gym in Leeds to a function room has been rejected at appeal after an inspector found that the lack of level access would not be acceptable in terms of accessibility (DCS Number 400-032-398).
Trigger’s broom or the Ship of Theseus paradox
Fans of ‘Only Fools and Horses’ might remember the sketch when Trigger, the road sweeper, claims to have used the same broom for 20 years….even though it has had 17 new heads and 14 new handles. Also known as the Ship of Theseus paradox – Plutarch asked whether a wooden ship which has had every single piece of wood replaced was still the same ship – this is a question which has perplexed thinkers over the centuries and was before a planning inspector in a recent appeal (DCS Number 400-032-464).
Read more on Trigger’s broom or the Ship of Theseus paradox…
Off the peg
An inspector has refused the redevelopment of a house in a suburban village in Surrey with two dwellings (DCS Number 400-032-382), on the grounds that the site required an individualistic approach.
Open textured
An inspector has deleted a condition specifying that the demolition of a locomotive shed and its replacement with two houses in Cheshire should be carried out in total accordance with the drawings, finding no harm to the openness of the green belt through a proposed increase in height of the garages (DCS Number 400-032-263).
A working solution
In a recent blog post – Which way is up? – we highlighted contrasting opinions from planning inspectors about how the GPDO, in respect of Part 1 Class AA upward extensions, ought to be interpreted. The question is should it be only the effect on the building itself under consideration or can the effect on the street scene also be taken into account?
News from PlanningResource
- Ten key things that happened in the past week January 20, 2022Ten of the biggest stories from the past week, including the latest on the mooted new infrastructure levy, council biodiversity net gain policies, and the overturning of a landmark High Court decision that could have a major impact on councils’ ability to take action against unlawful traveller sites.
- CIL Watch: Five key findings on developer contributions in a House of Lords housing supply report January 20, 2022Earlier this month, the House of Lords Built Environment Committee published a report on its inquiry into meeting housing demand. Here are five of the committee’s findings in relation to the community infrastructure levy (CIL) and section 106 agreements.
- The challenges for councils and developers posed by the government’s latest biodiversity net gain proposals January 20, 2022New details of the government's impending biodiversity net gain requirement have been set out in a consultation. But proposals to extend the measure to brownfield sites and to require gains to be delivered within a year may throw up challenges for both developers and local authorities, say commentators.
- Housing minister refuses extended occupancy period for caravan parks due to flood risk January 20, 2022The housing minister has refused three called-in applications for works at coastal caravan parks that would see their occupancy period extended through the winter due to flooding risk.
- Gove calls in Leeds Bradford airport extension to probe green belt and environmental impact January 20, 2022Communities minister Michael Gove yesterday called in plans for a replacement terminal and modifications to flight times at Leeds Bradford Airport, with a local inquiry to be held on the scheme’s impact on the green belt and climate change.
- ‘1,000-home golf club redevelopment set for refusal’ January 20, 2022A report that planning officers have recommended the refusal of plans for a 1,000-home golf course redevelopment due to it lying on green belt land leads today’s newspaper roundup.
- Council facing most severe housing delivery test sanction calls for reprieve due to pandemic January 19, 2022A Kent local authority that has just been made subject to the most severe housing delivery test sanction has called on the government to temporarily suspend the penalty, arguing that it should not be “punished” for slower housing delivery rates in the wake of the Covid pandemic.
- Government backs stronger planning role for AONBs January 19, 2022The bodies that oversee areas of outstanding natural beauty (AONBs) could have their role in the planning process strengthened, including being granted statutory consultee status, the government has said in its response to a review of national parks and protected landscapes.
- Examination report on nuclear power station plan delayed by six weeks January 19, 2022A business minister has announced that the deadline for the submission of an examination report on plans for the new Sizewell C nuclear power station will be delayed by six weeks, after the Planning Inspectorate (PINS) said it had been affected by “unexpected health issues” and changes to the application requested by the developer.
- High Court blocks bid to challenge City of London ‘justice quarter’ approval due to missed deadline January 19, 2022A High Court challenge by a heritage campaign group to a major demolition and redevelopment project in the City of London has fallen foul of a legal time limit.