In determining a certificate of lawfulness appeal concerning caravans at a Norfolk leisure park (DCS Number 400-032-675) an inspector raised the question as to whether both touring caravans and static caravans can be regarded as the same in legal terms. The site already benefited from planning permission and a certificate of lawfulness allowing touring caravans to remain on the site permanently without ever being moved, and the appellant wished to establish that permanent occupation of static caravans would be similarly lawful.
Posts By: dcplatest
Spoonfeeding
In dealing with a costs application associated with a Class Q barn conversion appeal in west Gloucestershire an inspector has made an interesting remark regarding the role of the applicant (DCS Number 400-032-738):
A lasting impression
An inspector has quashed an enforcement notice which required the removal of a building constructed in 2017 from a golf course complex in Staffordshire, finding that it was a temporary structure permitted under Part 4 Class A of the GPDO (DCS Number 200-010-333).
Front of house
The change of use of a gym in Leeds to a function room has been rejected at appeal after an inspector found that the lack of level access would not be acceptable in terms of accessibility (DCS Number 400-032-398).
Trigger’s broom or the Ship of Theseus paradox
Fans of ‘Only Fools and Horses’ might remember the sketch when Trigger, the road sweeper, claims to have used the same broom for 20 years….even though it has had 17 new heads and 14 new handles. Also known as the Ship of Theseus paradox – Plutarch asked whether a wooden ship which has had every single piece of wood replaced was still the same ship – this is a question which has perplexed thinkers over the centuries and was before a planning inspector in a recent appeal (DCS Number 400-032-464).
Read more on Trigger’s broom or the Ship of Theseus paradox…
Off the peg
An inspector has refused the redevelopment of a house in a suburban village in Surrey with two dwellings (DCS Number 400-032-382), on the grounds that the site required an individualistic approach.
Open textured
An inspector has deleted a condition specifying that the demolition of a locomotive shed and its replacement with two houses in Cheshire should be carried out in total accordance with the drawings, finding no harm to the openness of the green belt through a proposed increase in height of the garages (DCS Number 400-032-263).
A working solution
In a recent blog post – Which way is up? – we highlighted contrasting opinions from planning inspectors about how the GPDO, in respect of Part 1 Class AA upward extensions, ought to be interpreted. The question is should it be only the effect on the building itself under consideration or can the effect on the street scene also be taken into account?
Fallback argument stands up
An inspector has allowed the replacement of a barn in Wiltshire with a single dwelling after giving weight to the fallback of a prior approval for conversion (DCS Number 400-032-239). In doing so he set out case law on fallback.
A significant departure
An inspector dealing with an appeal against a condition attached to the planning permission for a replacement dwelling in Staffordshire (DCS Number 400-031-583) has drawn attention to a significant change in the NPPF.
News from PlanningResource
- Plans submitted for 1,600-home east London development November 26, 2021Plans have been submitted for a 1,600-home scheme, part of the continued redevelopment of Aberfeldy Village in Poplar, east London.
- Annual housing supply plunged in 2020/21 to lowest level in five years November 26, 2021The number of new homes created in England in 2020/21 plunged by 11 per cent compared to the previous year - the first drop in eight years, figures from the Department for Levelling Up, Housing and Communities (DLUHC) show.
- PM's Irish Sea bridge plan 'scrapped over £335bn cost’ November 26, 2021A report that prime minister Boris Johnson’s dream of a bridge connecting Scotland and Northern Ireland has been dashed after being deemed too expensive leads our roundup of today's news.
- Developer fails to persuade High Court to extend development consent for major infrastructure project November 26, 2021The High Court has rejected a developer's attempt to prevent its consent for a major infrastructure project lapsing after five years, dismissing its argument that some preparatory works carried out after permission was granted meant that development had begun.
- Judge urges council to 'constructively' engage with landowners to resolve planning dispute over unlawful works November 26, 2021A High Court judge has criticised a council for a lack of "constructive" engagement with a couple who carried out unlawful building works in a woodland plot they own.
- Ten key things that happened in the past week November 25, 2021Ten of the biggest news stories from the past week, including news that a junior housing minister has overturned the former secretary of state Robert Jenrick’s controversial approval of the 1,500-home Westferry Printworks scheme .
- Why ministerial refusal of Tory donor's 1,524 homes indicates heightened importance of design and heritage in decision-making November 25, 2021A minister has refused plans for a 1,500-home scheme that was controversially approved by the previous housing secretary before that decision was quashed in the courts. Commentators said the latest refusal indicates the increasing weight given to design and heritage impacts in decision-making as well as potential ministerial caution following government scandals and controversy.
- Neighbourhood Watch: Council left with deciding vote after split decision on east London plan November 25, 2021Tower Hamlets Council will have to decide on whether to approve the Spitalfields neighbourhood plan after two referendums failed to achieve a consensus.
- The significance of the secretary of state’s rejection of the ‘Tulip’ skyscraper November 25, 2021A ministerial refusal of plans for a striking City of London tower reflects tougher national policies on design and the new importance of sustainability, say practitioners, as well as new tall building restrictions introduced by the London mayor.
- ‘M&S faces backlash for plans to rebuild Oxford Street store’ November 25, 2021News that retailer Marks and Spencer is facing a backlash for choosing to demolish and rebuild its Oxford Street store in contradiction of its own sustainability values, leads our roundup of today's news.