Posts By: dcplatest

On the ground






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 [2015] 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).

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Stalling for time






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).

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Back to the future






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.

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Country cousins






“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.

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Let us prey






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.”

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