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
- Council approves local plan ‘11 years late’ January 25, 2022A report that a council in Essex has finally approved its local plan after numerous delays leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction that would otherwise not be January 25, 2022Of the 51 councils that are subject to the housing delivery test’s most severe sanction - the weakening of their housing supply policies - only about one in five of them would not face the penalty anyway, according to Planning research.
- £64,000 bill for landlord who ignored enforcement notice January 25, 2022A landlord who showed “persistent disregard” of a planning enforcement notice has been ordered to pay a total of more than £64,000.
- PINS says in-person hearings can resume following lifting of government restrictions January 25, 2022The Planning Inspectorate (PINS) has said that in-person hearings and inquiries can resume as normal following the government's lifting of Covid restrictions, but will not be able to reveal its long-term plans for staging events until the spring.
- Peers criticise DLUHC over decision to make post-pandemic PD rights permanent January 25, 2022A House of Lords committee has criticised the government's decision to make permanent two initially temporary post-Covid permitted development (PD) rights, claiming the move has been made without “robust parliamentary scrutiny” and could have an “adverse impact” on the public.
- Government plans to bring HS2 Crewe to Manchester bill to Parliament today January 24, 2022A bill that would provide the powers needed to construct and operate the HS2 route between Crewe and Manchester will be introduced to Parliament today, transport minister Andrew Stephenson has said.
- ‘New government cycling and walking agency will be statutory planning consultee’ January 24, 2022A report that a new government agency promoting cycling and walking will become a new consultee body for any big planning application leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction for the first time January 24, 2022Of the 51 councils that are subject to the most severe penalty in this year's housing delivery test (HDT) - which involves the weakening of their housing supply policies - just three will face the sanction for the first time, according to Planning research.
- Council avoids judicial review over allegation of 'mistaken' permitted development approval January 24, 2022A district council has avoided a judicial review of its decision to allow the creation of two new flats above a shop after a parish council alleged that the authority mistakenly believed the consent to be covered by permitted development rules.
- Government announces 16 councils to share £3.7m digital planning cash January 24, 2022The government has announced that 16 councils across England have secured a share of over £3.7 million in funding to take part in trials intended to use digital technology to simplify and speed up the planning process.