The effect in terms of noise for residents at existing properties where tandem and backland development is proposed can be difficult to judge. In a case concerning a proposal for seven to eight dwellings on a backland site in Leicestershire (DCS Number 400-010-162), however, the inspector had the assistance of supplementary planning guidance.
Posts By: dcplatest
Readers will recall that the NPPF swept away a raft of national guidance on 27 March 2012. Nevertheless, a particular section of PPS 7 is still in regular use. The inspector in (DCS Number 200-004-489) explains why:
The following case (DCS Number 400-010-134) is interesting because it concerns a housing policy which was drafted in such a way that it was able to accommodate a change in housing need which has occurred over time.
A Dorset council ran into trouble after refusing a prior approval application for a barn conversion (DCS Number 400-010-112). The council asserted that the building was not being used solely for agriculture as part of an established agricultural unit on 20 March 2013 and thus failed to meet the criterion set out in paragraph Q.1(a)(i) of the GPDO. The inspector pointed to paragraph Q.1(a)(ii), however, which meant that if the building was not actively in use on 20 March 2013, but agriculture was the nevertheless the last active sole use, then the change of use would comply with the requirements of the GPDO. He found no evidence to suggest that the last active sole use was not agriculture.
In a case involving the replacement of a bungalow with a new dwelling in Berkshire (DCS Number 400-009-897) the parties all agreed that a condition requiring the house to meet Level 4 of the Code for Sustainable Homes should be deleted. The appellant argued that due to the withdrawal of the Code following a written ministerial statement in March 2015 there was no practical case for the condition to be applied on development yet to commence. The council accepted that if the appeal decision was made after 1 October 2015 the condition should be removed. The inspector decided he had no reason to disagree with this view and noted that the site visit for the appeal took place after this date.
Here is a cut-out-and-keep case which provides evidence not only that permitted development rights do not apply to a development which has yet to be completed, but also that they cannot apply in anticipation of completion of the development.
Here is the story: an Essex council granted permission in 2008 for greyhound kennels in countryside identified as a special landscape area (SLA). That permission was never implemented and a bungalow was built instead. Retrospective permission for the bungalow was denied at appeal in 2011. Permission was sought again last year and this time it was granted at appeal (DCS Number 400-010-072).
The following case concerns the construction of a basement under a new house in the Royal Borough of Kensington and Chelsea. Readers might be aware of the Borough’s progress towards the earth’s core in the wake of ever increasing surface land and property values, and a Compass search will reveal innumerable cases where neighbours have raised concerns about the effect of basement construction on the structural integrity of their properties. In DCS Number 400-010-067, however, it was highway safety which was the principal matter of contention.
As planners we frequently use the term ‘contemporary’ but ought we to pause in order to consider what we mean, exactly?
The Concise OED defines ‘contemporary’ variously as ‘living, occurring or originating at the same time’ and as ‘modern in style or design’. In an appeal case concerning the redevelopment of a house in Surrey with a pair of semis (DCS Number 400-010-054) the inspector interpreted the meaning of ‘contemporary’ as used within a core strategy policy. The appellant took the view that the proposal for a building with a flat roof, large windows and a horizontal emphasis was innovative contemporary design and therefore gained support from the policy. The inspector, on the other hand, favoured a somewhat more literal interpretation: ‘In my experience, contemporary design can be defined as design that addresses contemporary matters such as current regulations, site constraints, fashions and functionality, and can be an interpretation of many styles from the more traditional to modernism.’
An inspector rejected a prior approval appeal relating to the extension of a barn conversion near Huddersfield (DCS Number 400-010-006), finding that planning permission was required. Planning permission had originally been granted for the adaptation of the barn to extend the existing dwelling and was subject to a condition which stated that ‘notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 the barn as converted shall not be extended nor shall any windows or doors be inserted other than those shown on the plans hereby approved unless otherwise agreed in writing by the local planning authority’. The appellant argued that the condition was not enforceable because it referred solely to the 1995 GPDO and that has now been superseded by the 2015 GPDO. The inspector explained, however, that Section 17 of the Interpretation Act 1978 meant that the existing condition relating to the 1995 GPDO should be construed as if it related to the 2015 GPDO.