Posts By: dcplatest

Sunny Devon

This year has been pretty awful for the tourism industry but 2021 is now looking altogether brighter for the owner of a holiday caravan park in north Devon, having secured a lawful development certificate for an unrestricted number of caravans (DCS Number 400-028-391). At appeal, an inspector ruled that the number of caravans was no longer bound by the original planning permission for 45 caravans.

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Catch 22

Here is another appeal example relating to an aspect of the GPDO which we commented on in 2017, in A lose-lose situation. There are still no winners.

This case relates to an appeal against the refusal of a lawful development certificate for a single storey extension to a house in an Oxfordshire village (DCS Number 400-028-293). The site was in both a conservation area and the North Wessex Downs area of outstanding natural beauty.

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Virtual reality

Readers might be aware that the Planning Inspectorate’s latest Procedural Guide now allows for the appeal process to be a hybrid of the inquiry, hearing and written representations procedures. This reflects the greater flexibility provided for in the Business and Planning Act 2020 which contains measures designed to support the economy during the coronavirus pandemic. 

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Be kind

In a decision which appears to reflect the current zeitgeist, an inspector has ruled that in making planning decisions, good neighbourliness must be assumed (DCS Number 400-028-265).

The proposal in this case sought to use part of the flat roof of a single storey rear extension at a flat in west London as a balcony enclosed by railings and as a walkway to a spiral staircase providing a means of escape and access to the rear garden.

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Bee happy

An Essex council’s imposition of a condition requiring the submission of an ecological enhancement scheme on the reserved matters approval for nine bungalows was no doubt borne of the best of motives. Deleting the condition and awarding costs to the appellant, however, (DCS Number 400-028-159) an inspector pointed out that Planning Practice Guidance is clear that the only conditions which can be imposed when reserved matters are approved are conditions which directly relate to those reserved matters. 

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Double trouble

An inspector has deleted a condition which required that a new bungalow in Cambridgeshire should be one-bedroomed and single storey only, ruling it to be unnecessary (DCS Number 400-027-951).

The appellant suggested that first floor rooms could be incorporated into a chalet bungalow, with no windows facing properties on an adjacent road. The inspector accepted that it was for the appellant to demonstrate, through the submission of detailed plans, whether or not first floor accommodation or more than one bedroom could be incorporated into the bungalow without compromising its design and the relationship with the character and appearance of the area. Any design, the inspector continued, would also need to ensure that acceptable levels of outlook, light and privacy for occupiers of neighbouring properties would be retained. The removal of the condition would not preclude the council from assessing these elements of the scheme at the reserved matters stage.

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