Posts By: dcplatest

Twice over






There is no reason why the curtilage of one dwelling cannot overlap the curtilage of another dwelling, an inspector dealing with an appeal against the refusal of a certificate of lawfulness for a dormer window at a house in Sussex has maintained (DCS Number 400-019-492).

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Design matters






After a few quiet weeks the Planning Inspectorate appears to be getting back into its stride following the publication of the revised NPPF. So, dear readers, here on the DCP Blog we are keeping a watchful eye for appeal cases where new policy has had an impact.

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Flame test






Q: What do you call Fireman Sam when he is retired?

A:  Sam.

Somewhat more seriously, an inspector dealing with an appeal against the refusal of planning permission for four flats on a landlocked site reached by an unbound vehicular track in south London (DCS Number 400-019-470) has addressed concerns that fire engines would be unable to reach the site in the event of a fire.

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No worries






An inspector dealing with an appeal against the refusal of a prior approval application for the residential conversion of a redundant agricultural building at a Sussex farm under Schedule 2, Part 3, Class Q, of the GPDO has confirmed that permission is not granted by default if the council fails to determine the application within the requisite 56-day period (DCS Number 400-019-444).

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Mission impossible






In deciding an appeal against the refusal of a certificate of lawfulness for the use of an outbuilding at a house in north London as a granny annexe (DCS Number 400-019-266) an inspector has explained that the decisive factor was not whether the building would be used for purposes incidental to the main dwelling. Rather, he determined, it was necessary to assess whether the building would be used as a physically and/or functionally separate dwelling, or would provide living accommodation that was integral to the use of the existing dwelling.

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Enlarging on extensions






Unsurprisingly, confusion can arise about the meaning of the reference in Class A, Part 1, Schedule 2 of the GPDO to “the enlarged part of the dwellinghouse”. Does it mean just the extension currently proposed, or should it include previous extensions to the dwelling? The answer is that it used to be the latter, then it was the former but now it’s the latter, as helpfully set out by an inspector in a recent appeal decision (DCS Number 400-019-328).

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Cut to pieces






There is always talk about how roads and traffic cut the heart out of our towns and villages. Perhaps that’s why an inspector with a sharp tongue made this incisive observation when putting a proposal for eight dwellings in Nottinghamshire under the microscope: “The proposed site access would be taken directly from Mansfield Road (A60) which dissects the settlement.” (DCS Number 400-019-373).

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Full circle






We appear to have come full circle with regard to the definition of an isolated dwelling. Readers will recall that in Braintree District Council v Secretary of State for Communities and Local Government & Others [2017] the High Court judge found that “isolated” should be given its ordinary objective meaning of, “far away from other places, buildings or people, remote”. Also, that it was subsequently held in the Court of Appeal, in Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] that, “…in its particular context in paragraph 55 of the NPPF, the word ‘isolated’ in the phrase ‘isolated homes in the countryside’ simply connotes a dwelling that is physically separate or remote from a settlement…”

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