As we remember the story of an infant child in need of shelter we might take a charitable view of an inspector’s decision to grant temporary permission for four unauthorised Traveller pitches in the green belt in Yorkshire, after he gave weight to the needs of the children on the site (DCS Number 200-007-139).
Posts By: dcplatest
Right, we’ve had a good look at the meaning of ‘isolated’. Next up, ‘materially larger’.
Paragraph 89 of the NPPF states that planning authorities should regard the construction of new buildings as inappropriate in the green belt. Exceptions include “the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces”. However, as noted by an inspector dealing with an appeal against the refusal of planning permission for a replacement house in the green belt near Bristol, the NPPF lacks a definition for the term ‘materially larger’ (DCS Number 400-017-236).
Further confirmation that ‘isolated’ in Paragraph 55 of the NPPF means physically isolated comes in the shape of a recent appeal relating to the refusal of outline permission for redevelopment of commercial buildings and a bungalow in the Worcestershire countryside with five dwellings (DCS Number 400-017-468). In this case the inspector usefully quotes the words of the judge in Braintree District Council v Secretary of State for Communities and Local Government, Greyread Limited & Granville Developments Limited :
Regular readers will be aware that in a couple of posts we have drawn attention to the lack of a definition for ‘isolated’ in the NPPF; Nature abhors a vacuum and ‘Isolation’ – Now we’re getting somewhere. Readers might also be aware that the matter has been addressed recently in the High Court – Braintree District Council v Secretary of State for Communities and Local Government . Here on the Blog we have been keeping watch for an appeal case which refers to this court ruling in order to understand its impact in practice, and a useful example has come up in Worcestershire (DCS Number 400-017-452). This case involves the conversion of storage buildings adjacent to a village settlement boundary to three dwellings. Despite being identified as being within open countryside, the site was not isolated, the inspector concluded:
An inspector dealing with an appeal against a Dorset council’s refusal to remove an agricultural occupancy condition from a six bedroom house with a tennis court, swimming pool and extensive grounds (DCS Number 200-007-059) reminds us that planning really ought to involve some degree of looking ahead.
We have referred previously to the absence of a definition of ‘isolated’ in the NPPF – ‘Isolation’ – Now we’re getting somewhere – and the efforts of inspectors to fill the void. Here is a bit more from an inspector dealing with an appeal against the refusal of outline planning permission for two dwellings in rural Suffolk (DCS Number 400-017-227).
An inspector has upheld an enforcement notice requiring the demolition of a new building on a farm holding on green belt land in Derbyshire, after finding that it had been designed as a residential property (DCS Number 400-017-202).
How do you tell the difference between a development scheme which has been artificially divided in order to avoid a requirement for affordable housing provision and one which hasn’t? You apply the tripartite test, that’s how.
A procedural note taken from an appeal against an enforcement notice (400-017-156):
“The allegation refers to the material change of use of the land to use as domestic curtilage. The Council is aware that curtilage is not a use of land and has suggested that I use my power under s176 to correct the notice to refer to the use of land for purposes incidental to the use as a dwelling or use of land for domestic purposes.”
Dismissing an appeal for the retention of seven studio flats in a building which had been granted planning permission for four one-bedroom flats (DCS Number 200-006-996), an inspector was not persuaded by the appellant’s argument that there are no internal space standard requirements in Part O of the GPDO.