An inspector has decided to refuse a certificate of lawfulness for the residential use of two brick and stone buildings in Somerset (DCS Number 200-007-253), after deciding that the residential use had been abandoned. There had been no residential occupation of the buildings since 1958, he noted.
Posts By: dcplatest
An inspector declined to issue a certificate of lawful development for the construction of an outbuilding in the rear garden of a house in Buckinghamshire, nonetheless finding that the council’s approach to the application was wrong (DCS Number 400-017-686).
You can’t say that planning isn’t a wide-ranging profession. In a recent appeal involving a roof terrace in north London (DCS Number 400-017-876) an inspector made reference to the meaning of life.
In deciding an appeal against the refusal of advertisement consent for a 10m by 11m advertisement on a scaffolding shroud in a central London conservation area, an inspector decided that they were now part of the urban scene (DCS Number 400-017-787).
Planners working in the countryside will be very familiar with the phrase ‘reasonably necessary for the purposes of agriculture’ from the GPDO. It isn’t always straightforward, though, to judge what is and what isn’t ‘reasonably necessary’. An appeal case has come up involving an animal feeding area which the inspector found could be considered to be ‘reasonably necessary for the purposes of agriculture’ (DCS Number 200-007-212). As it involved a type which we have never come across, we thought it might be helpful to report it.
We all know that we sometimes have to walk a tightrope, balancing public interests against the interests of planning applicants. An inspector recently did just that, in a finely balanced decision relating to an appeal against the refusal of permission for a flying trapeze in the back garden of a house in Gloucestershire (DCS Number 400-017-774).
In support of an appeal against an enforcement notice requiring the demolition of a timber structure in an open field in Bedfordshire (DCS Number 400-017-670) the appellant described the structure as intended for the breeding of game birds. On this basis he claimed that it did not require planning permission as it was intended for agricultural use.
An inspector dealing with an appeal against the refusal of planning permission for the extension and conversion of a large house in the west Midlands to nine flats (DCS Number 400-017-594) has pointed out that the national internal space standards are only applicable where a relevant local plan policy is in place:
A quick scan of the appeal record reveals any number of examples of arguments concerning what constitutes the side elevation of a dwelling. In dealing with an appeal against the refusal of a lawful development certificate for a two storey rear extension to a dwelling in south London (DCS Number 400-017-646), an inspector decided that a bay window in the rear elevation was part and parcel of the rear wall.
Councils tend to be a bit cautious in dealing with amendments to planning applications, not unreasonably in our view as it is so easy to be caught out. That said, the planning system ought to be able to accommodate refinements to development proposals without all parties involved having to start again at square one. A recent appeal decision (DCS Number 200-007-183) indicates that amendments ought to be refused consideration as such only if they are substantially different from the original proposal.