We understand from an article in The Spectator that the secretary of state for housing has been seeking inspiration from Renaissance Italy to deliver the levelling-up agenda. We are a little concerned that Mr Gove might have misunderstood the nature of the task before him so we offer the following to set him on the right lines.
Monthly Archives: December 2021
Coming back for more
Case law on the abuse of process has been set out by an inspector in a recent remitted appeal concerning the use of a building in the back garden of a house in south-east London (DCS Number 200-010-524) .
Rewriting history
In determining an appeal concerning enforcement action directed at works to a residential property in north-west London an inspector has highlighted that you can’t rewrite history (DCS Number 400-033-667).
Due to a number of departures from the approved drawings the council contended that a 2017 permission had not been implemented and further that it was now time-expired. The inspector, however, had regard to the remarks of the judge in the case of Hussain v Secretary of State for Communities and Local Government [2017]. He ruled that it is possible to commence a development for the purpose of section 56 of the 1990 Act and thereby meet a deadline forming a condition of the permission, and then later to deviate from the permitted works in a manner that later becomes an enforcement issue, without retrospectively altering the fact that the commencement of the development had occurred.
A shaggy dog story
In determining an appeal against an enforcement notice directed at the keeping and breeding of St Bernard dogs at a property in Norfolk (DCS Number 400-033-611) an inspector pointed out that there is no statutory limit on the number of dogs that can be kept at a dwelling before a material change of use takes place.
News from PlanningResource
- ‘Fall in number of planning permissions is hitting vow to build more homes’ June 24, 2022Mortgage Strategy’s survey of industry leaders demanding planning reform leads our round-up of today’s stories.
- Mayor agrees in principle to 515-flat tower despite harm to listed viaduct June 24, 2022London’s mayor has provisionally approved 515 homes in three blocks up to 32 storeys high on one of the capital’s most visible brownfield sites, on condition that breaches of the London Plan are remedied.
- 262,471 sqm industrial and warehouse hub approved on former steelworks June 24, 2022A 262,471 sqm industrial and warehouse complex with its own rail line has been approved on the site of a historic steel works.
- Essex council rejects 2,800 home replacement of shopping mall for a second time June 24, 2022An Essex council has again rejected plans to replace its town centre shopping mall with a scheme including nearly 3,000 homes, prior to an inquiry which will hear the developer’s appeal on the grounds of non-determination.
- What street votes would mean for councils and communities June 23, 2022Making use of the levelling-up bill’s proposal to let residents propose and then vote through development on their street may not be easy, but it could stifle opposition from neighbours
- Government will change planning advice to make freight hubs easier to develop June 23, 2022Planning guidance will be altered to make it easier to build freight interchanges, the government says.
- ‘Developers of nearly 10,000 new homes will need to reapply for permission because of rule change’ June 23, 2022A report that claims that a building standard rule change will invalidate consents for nearly 10,000 homes leads our round-up of today’s media.
- Court backs rejection of caravan site expansion despite the lack of an upper limit on units in the permission June 23, 2022The Court of Appeal has blocked the expansion of a 40-year-old caravan park in the heart of the Dartmoor National Park (DNP).
- City edges towards planning restrictions on second homes June 22, 2022Brighton & Hove City Council is to continue to explore the introduction of planning policies that would seek to restrict second home ownership in the city.
- Government figures show year-on-year falls in housing starts and completions June 22, 2022Completions of new build dwellings in England fell 11 per cent over the past year, while starts on new build properties fell seven per cent over the same period, latest government statistics have revealed.