Anyone steaming after a written representations appeal site visit because the appellant has not provided access can take comfort from a warning issued by an inspector in a recent appeal decision (DCS Number 400-020-771).
Posts By: dcplatest
See if you think the following represents consistent decision-making:
The conversion of a mid-terrace house in a student area of Cardiff to a house in multiple occupation for six persons was dismissed at appeal because it was likely to have a materially adverse effect on the character and amenity of the area (DCS Number 400-020-602). The inspector in this case noted that supplementary planning guidance prepared by the council recognised that concentrations of HMOs clustered in small geographical areas can cause problems. Consequently, it set thresholds above which it deemed that the concentration of HMOs would have an adverse impact on the community. In the appeal area the SPG identified an upper threshold of 20 per cent of HMOs within a 50 metre radius of the application site. Beyond that threshold the SPG indicated that HMOs should be resisted. The council’s evidence showed there were 30 properties registered as HMOs within 50m of the site which equated to 79 per cent. The inspector judged that a high proportion of young people, most of whom would be absent in the summer, was likely to affect the provision of community services and add to the imbalance of the housing mix in the area. He found that the cumulative impact of HMOs had resulted in negative perceptions of the area among longer term residents as well as those who might wish to move into the area.
It has been said that there are three kinds of lie: lies, damned lies and statistics. The DCP Blog was reminded of this old saw on reading the following paragraph from a dismissed appeal for two houses in south Wales (DCS Number 400-020-748).
An inspector has declined to issue a certificate of lawfulness for the use of a vacant shop in north London as a nail bar, ruling that it would entail a material change of use requiring planning permission (DCS Number 400-020-587).
Lest readers conclude that the DCP Blog’s new year resolution to be cheerfully optimistic about the future of town planning in a difficult political context didn’t last five minutes, we ought to make clear that this Blog is about an actual road to nowhere. In a recent appeal case the creation of an access road to a potential housing site in Bedfordshire was granted planning permission despite the council’s objection on the grounds of prematurity (DCS Number 400-020-519).
Taken from a recent appeal decision involving the erection of 102 dwellings on two fields in Surrey (DCS Number 200-008-115):
‘Time depth’, as referred to by the Council, can derive from intactness and continuity of a landscape….
Pointing out that demolition constitutes development, an inspector has issued a certificate of lawfulness confirming the implementation of a scheme for the redevelopment of a pub in Shropshire with seven houses, notwithstanding the council’s argument that a lawful start had not taken place due to non-compliance with a condition precedent (DCS Number 400-020-173).
A Hampshire resident’s argument that his 2m high perimeter fence was permitted development due to the existence of a hedge between the fence and the highway has been kicked to the kerb by an inspector (DCS Number 400-020-431).
Perhaps one of the most notable changes which has occurred in society in modern times is the erosion of class divisions, and a recent appeal case offers some insight into how our environment has been deployed to drive this change (DCS Number 200-008-064).
“The past is a foreign country: they do things differently there”, wrote L P Hartley.
At this time of year it is not uncommon to become a bit reflective, musing on all the changes, good and bad, that have occurred over the previous twelve months. Looking back much further than a year, it seems that things were done significantly differently in planning from how they are done now. See whether you think the change is for the better or the worse.