Once a settlement boundary has been defined it is easy to see it as fixed and not to be breached. However, an inspector dealing with an appeal against the refusal of outline permission for a house in the green belt in Essex took account of case law set out in Julian Wood v SoS and Gravesham Borough Council  which found that the term “village” is not necessarily the same as a settlement boundary, and that there is a need to consider the facts on the ground (DCS Number 400-016-397).
Posts By: dcplatest
In quashing an enforcement notice requiring the removal of a front roof extension at a house in east London (DCS Number 400-016-410) an inspector has considered the definition of a highway.
Whilst plans are often attached to lawful development certificates we don’t know that we have ever seen a plan included within the body of an appeal decision before. But here is one (DCS Number 400-016-424).
None of us wishes to see stalled development blighting our cities, one would hope. Nonetheless, an inspector has found that a condition precluding the commencement of development of a site in west Yorkshire before contracts had been let was unnecessary, unreasonable and unenforceable (DCS Number 400-016-396).
An appeal case concerning a rear extension to a house in Essex (DCS Number 400-016-352) confirms that prior approval cannot be granted after the commencement of development.
The council assessed the extension against the provisions of Schedule 2, Part 1, Class A of The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), and concluded that as the proposed works had already been completed prior to the determination of the proposal, the scheme could not be regarded as permitted development, the inspector recorded.
“He’s in The Guards and only comes down at weekends”. Someone talking about their son, maybe, or a friend? No, the owner of a horse explaining to a planning officer why the animal was stabled in the outbuilding of a Worcestershire pub which lacked the one acre of grazing land demanded by local plan policy. Oh, we could write a book, we really could.
Inspectors can never know exactly what they might encounter on a site visit but the following description of development must have introduced a certain level of apprehension.
“The development proposed is new detached dwelling, detached garage with first floor accommodation and lion enclosure with fencing.”
An appellant hoping to obtain a certificate of lawfulness for two proposed outbuildings at a house in Cornwall has failed to persuade an inspector that an Article 4 Direction made in 1969 was no longer of any effect (DCS Number 400-016-266).
A central London café has failed to convince an inspector that shisha smoking at the front of the premises is lawful, the inspector distinguishing shisha smoking from cigarette smoking (DCS Number 200-006-729).
In addressing an appellant’s argument that a 2005 planning permission for a residential barn conversion in north Yorkshire authorised the demolition and rebuild of the building, an inspector has taken us back to basics (DCS Number 200-006-732).