This one comes up regularly, which it really shouldn’t. In determining an appeal against an enforcement notice relating to land in Cambridgeshire (DCS Number 400-029-772), an inspector has explained that ‘curtilage’ is not a use of land:-
Posts By: dcplatest
A matter of principle
An inspector has decided that an Essex council was mistaken in its view that permission in principle cannot be granted for development on land which is not on a brownfield land register (DCS Number 400-029-717).
The man on the Clapham omnibus
You don’t meet the man on the Clapham omnibus much these days but here he is in a recent appeal case:
In determining an appeal against an enforcement notice which alleged the material change of use of agricultural land in west Cornwall to a mixed allotment and leisure use (DCS Number 400-029-642), the inspector first gave his attention to getting the notice in order.
A flat refusal
The change of use of part of a ground floor shop in Leicester to three self-contained flats under Schedule 2, Part 3, Class M of the GPDO has been denied permission, an inspector declining to recognise the minimal scale of accommodation proposed as dwellings (DCS Number 400-029-654). As the debate concerning the expansion of permitted development rights continues we thought this case was one to highlight.
Vitamin Sea
Desperately in need of a dose of Vitamin Sea, we’ve been watching Cornwall and Devon Walks with Julia Bradbury on ITV. Julia described the coastal town of Salcombe as ‘chi chi’ so it probably ought not to come as a surprise that a camping barn there might be better described as luxury than rudimentary (DCS Number 400-029-508).
An unrestrained whim
In determining whether an outbuilding at a house in Buckinghamshire would be permitted development under Schedule 2, Part 1, Class E of the GPDO an inspector made reference to the leading court case on the subject, Emin v Secretary of State for the Environment and Mid-Sussex DC [1989].
A key question
Class M of Part 3 of Schedule 2 of the GPDO allows for ‘… a change of use of a building from…a use falling within Class A1 (shops) or Class A2 (financial and professional services) …to a use falling within Class C3 (dwellinghouses) …subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to…whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses)… because of the impact of the change of use …where the building is located in a key shopping area, on the sustainability of that shopping area.’
Happy and free
Looking forward to the “happy and free Great British summer” predicted by the Secretary of State for Health it might be a good idea to gen up on the planning legislation relevant to caravans. Happily, we spotted a useful appeal case recently: in settling an argument as to whether the siting of static caravans on a site in Dorset would be lawful (DCS Number 400-029-263) the inspector recounted the relevant case law.
Handed out
Anyone who has felt dismay on reading a council’s 30-item planning application validation list will cheer the appellant who challenged the need for a particular item at appeal. And won.
In this case, relating to a proposal for two dwellings in north Wales (DCS Number 400-029-403), the planning authority demanded handed plans of the proposed dwellings and associated double garage. Appealing the council’s notice of invalidity, the appellant maintained that a planning department should not require identical mirrored plans, and it was therefore unreasonable to identify such plans as a validation requirement.
Granny’s Law
The conversion and extension of an outbuilding at a house in the green belt in Essex to a residential annex has been granted planning permission by an inspector, notwithstanding the council’s concern that it would result in the creation of an independent residential unit (DCS Number 400-028-727). This is an issue which comes up not infrequently, so we thought it would be useful to pass on the relevant case law, helpfully set out by the inspector in her decision.
News from PlanningResource
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- Inspector blocks Leicester chippy PD conversion, saying 8 sqm flats 'too small' to be considered housing April 15, 2021An inspector has dismissed an appeal for a Leicester chip ship to be converted into three self-contained flats each measuring just eight to nine square metres under permitted development (PD) rights, finding that the units would be too small to provide enough "room to move" for occupiers and so would not constitute a dwellinghouse.
- London council loses High Court battle to impose greater controls on HS2 lorry movements April 15, 2021A west London council has failed in a High Court bid to overturn an inspector's decision and exert closer control over heavy lorry movements to and from five High Speed Two (HS2) construction sites in its area.
- RTPI and POS challenge proposal to link new homes bonus payments with past housing delivery record April 15, 2021The Royal Town Planning Institute (RTPI) and the Planning Officers Society (POS) have raised concerns about government plans to link New Homes Bonus (NHB) payments to a council's past housing delivery record, with POS claiming the move could "disadvantage" authorities with successful performance in this area.
- Developer withdraws High Court challenge to Jenrick’s refusal of 20-storey Norwich city centre tower April 15, 2021The developer behind controversial plans for a 1,250-home, 20-storey development in Norwich city centre has withdrawn from a High Court action against the secretary of state's decision to refuse the scheme and has announced it will instead prepare revised proposals for the site.
- 'Departure of immigrants from London has not caused house prices to drop' April 15, 2021A report claiming that the flight of foreign-born residents from London in the past year has had no impact on lowering house prices features in today's newspaper round-up.
- Developer submits plans for 1,250-home development in south London April 14, 2021Plans have been submitted for a 1,250-home development on brownfield land in Bexley, south London.