Paragraph 79 e) of the NPPF allows for the development of isolated homes in the countryside if the design is of exceptional quality in that it is truly outstanding or innovative.
Posts By: dcplatest
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.
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.
A satellite development
Here’s one that’s a bit unusual but interesting, nonetheless:
An inspector has deleted the requirement to remove two satellite dishes from a listed building from an enforcement notice affecting a south London pub, as they were outside the control of the appellant (DCS Number 400-028-190).
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.
Unfathomable
While we are on the subject of unnecessary conditions (Double trouble), here is an appeal case in which the inspector found the imposition of a condition to be unfathomable (DCS Number 400-028-145).
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.
Any port in a storm
Following on from Travelling light, here is another appeal case in which the inspector found reason to depart from development plan policy on internal space standards (DCS Number 400-027-903).
This case concerns an appeal against the refusal of planning permission for the creation of two additional units at a homeless hostel in west London. The units, the inspector noted, would fall some way below the adopted internal space standards in the local plan and would not be provided with any private external space. He also noted, however, that the local plan was clear that development would be required to meet the demands of everyday life for the intended occupants.
Shop early for Christmas
There are sixty-eight shopping days till Christmas.
Perhaps it is a bit early to be buying a Christmas tree but readers might be interested to hear that an inspector has granted prior approval for a barn conversion in Gloucestershire after ruling that the growing of Christmas trees falls within the definition of agriculture (DCS Number 400-027-574).
An undesirable
The residential conversion of agricultural barns under Class Q of the GPDO is precluded if the location or siting would make it ‘impractical’ or ‘undesirable’. Conversion is often found to be ‘impractical’, but when might a conversion be considered ‘undesirable’?
News from PlanningResource
- Government ‘shares vision of planning system that delivers on design and environment’, says Pincher January 14, 2021Housing minister Christopher Pincher and England’s chief planner Joanna Averley defended charges that the government’s proposed planning changes fail to address democratic, social and sustainability concerns, in an online debate earlier today.
- Midlands council withdraws from joint local plan for the Potteries January 14, 2021Newcastle Under Lyme Borough Council will prepare its own local plan and has formally withdrawn from a joint local plan with Stoke-On-Trent City Council, citing "major change" arising from Brexit and the Covid-19 pandemic as the grounds for its decision.
- Bracknell is the most vulnerable town in England to post-pandemic retail job losses, study finds January 14, 2021News that Bracknell in Berkshire will be the most vulnerable town in England to a loss of retail jobs following the coronavirus pandemic features in today’s newspaper round-up.
- Jenrick's holding direction lifted, clearing way for 500-home west London scheme January 14, 2021Housing secretary Robert Jenrick has this week lifted a holding direction placed on Hillingdon Gardens, a proposed mixed-use scheme which had been opposed by the local council but supported by London mayor Sadiq Khan.
- Court rejects claim that council design policy did not apply to outline applications January 13, 2021A proposal to develop 50 new homes on a greenfield site near Leighton Buzzard, Bedfordshire, has been rejected by the Court of Appeal, after it found that a 16-year-old design policy still applied.
- Review backs Devon council's controversial housing approval despite councillors' criticisms January 13, 2021An independent review has found that a Devon district council's approval of a locally controversial housing development “was made properly” but that “improvements could be made” in its processes.
- Inspector repeats allegation of ‘bias’ in council's housing site distribution January 13, 2021A planning inspector has requested additional information from a Hertfordshire council over the proposed housing sites in its emerging local plan, pointing again to an "apparent but unjustified bias in the proposed distribution" across the plan area.
- Inspectorate warns that the latest lockdown will reduce its ‘overall productivity’ January 13, 2021The Planning Inspectorate (PINS) has warned that the government's tightened coronavirus restrictions will be likely to "impact on our overall productivity", as part of an update to its appeals, local plan examinations and infrastructure projects inquiries guidance.
- Government ‘failed to obtain planning permission’ in ‘rush’ for asylum centre January 13, 2021News of legal moves against planned "prefabs" to house asylum-seekers leads our round-up of today's media.
- Care home scheme 'complied with local plan as a whole' despite open space shortfall, High Court rules January 12, 2021The High Court has ruled that Shropshire Council was entitled to approve a sheltered housing scheme as being in broadly in line with its development plan, despite providing residents with less open space than the document would require.