‘Fraid we’re not talking about anything sparkly here. No, this is to do with the commencement of development. You might wish to make note of a distinction highlighted by an inspector in a recent appeal (DCS Number 200-007-575).
Posts By: dcplatest
When a planning inspector finds himself explaining that “We are forced into this somewhat ludicrous situation by the wording of the various Orders and Planning Acts ….” we must be in a serious mess. However, this situation arose in an appeal against an enforcement notice directed at a barn conversion on a farm in Worcestershire (DCS Number 200-007-575). The sequence of events leading to the appeal is this:
….Advertisement Appeals Inspectors?
The chief executive of the Planning Inspectorate has explained that a large part of the reason for the current delay in the handling of planning appeals is “the unexpected receipt of more than 1000 prior approval appeals for phone kiosks”. We can see how the jam has built up if DCS Number 400-018-743 is anything to go by. In this case an experienced inspector has taken over four sides of A4 to determine an appeal against the refusal of prior approval for a call box. No doubt Euro Payphone Limited was happy to have one of PINS’ top people dealing with its appeal but was it really necessary? The DCP Blog remembers when PINS had a small team of specialist Advertisement Appeals Inspectors. Given that it is no secret that the interest in phone kiosks arises largely from their function as structures for the display of advertisements, wouldn’t it be an idea to allocate a SWAT team of specialist inspectors to deal with the phone kiosk appeals?
An inspector determining an appeal against the refusal of planning permission for a new house on a paddock in Buckinghamshire (DCS Number 400-018-714) was faced with the not-unusual task of interpreting the meaning of a thick black line on the development plan proposals map. Here is how this inspector dealt with the problem:
In November last year we said “it must be time to consider an amendment to Part O to require minimum floorspace provision”, in a Blog which highlighted the potential for substandard office-to-residential conversions under permitted development rights (Sauce for the goose).
If you are looking for a way to maximize householder permitted development rights a recent appeal case in Kent (DCS Number 400-018-680) might be of interest. In this case an inspector granted a lawful development certificate for an underground games room and swimming pool, deciding that the works comprised permitted development.
An interesting ruling on the intention of Class O of the GPDO with regard to noise impacts has come up in a recent appeal decision (DCS Number 400-018-679).
This case involved a prior approval application for the change of use of the upper floors of a building in west London from office use to 30 flats under Schedule 2, Part 3, Class O of the GPDO. The inspector identified the main issue as being whether the proposal would provide adequate living conditions for its intended occupiers by way of the impacts of noise from commercial premises.
An inspector has sided with a council in Cambridgeshire in the reading of a handwritten dimension on a plan relating to planning permission for the change of use of agricultural land to garden land (DCS Number 400-018-548).
In dealing with an enforcement appeal concerning the use of land in Hertfordshire as a wedding venue (DCS Number 200-007-514) an inspector has pointed out the potentially significant implications for green belt policy arising from draft changes to the NPPF.
A replacement dwelling in the green belt in Hertfordshire has been rejected at appeal, an inspector declining to take unexpended permitted development rights into account to justify a larger dwelling (DCS Number 400-018-395).