In upholding an enforcement notice directed at the short-term letting of a large house in Warwickshire (DCS Number 400-023-651) an inspector addressed the appellant’s claim that no material change of use had occurred.
Posts By: dcplatest
Nailed it
In On the nail we indicated our view that nail salons and hair salons ought to be in the same Use Class.
In sanctioning the retention of a nail bar in a former retail unit in an east London district centre (DCS Number 400-023-719) the inspector said “Nail bars do not fall within the Class A1 definition of shops and hence are a sui generis use. However, hairdressers are classed as A1 and I consider nail bars to be a comparable use and equally appropriate in a shopping area.”
Just awful
In upholding a listed building enforcement notice requiring the removal of an extraction flue at a restaurant in a north London conservation area (DCS Number 400-023-844) an inspector plainly thought the development was just awful.
Why bother?
Conservation officers must sometimes wonder why they bother.
Presumably, the point in writing guidance relating to development in conservation areas is to encourage the use of design and materials which respect local character and to discourage the use of those which do not.
The power of precedent
Citing an appeal decision made by the secretary of state (DCS Number 100-071-536), an appellant has convinced an inspector that there are circumstances in which development can be allowed in Flood Zone 3.
Never the twain shall meet
A recent appeal case (DCS Number 400-023-412) reminds us that civil matters are usually best considered separately from planning matters.
In this case the inspector rejected a south Wales householder’s argument that, in the context of an ongoing boundary dispute, the four-month period given for compliance with an enforcement notice directed at an unauthorised extension was too short. One of the options for the appellant was to modify the building so that it complied with an extant planning permission. She considered, however, that scaffolding would need to be erected on the neighbours’ land and they were refusing to permit this. The inspector recognised that an application under the Access to Neighbouring Land Act 1992 had been made to the courts, hopefully to be heard in conjunction with the boundary dispute issue, but noted that the hearing date had not been confirmed.
No limits
Unlike the case in respect of the refusal of planning permission, there is no time limit in which an appeal against the refusal of a lawful development certificate must be made. This is a worthwhile point to note from an appeal decision (DCS Number 400-023-607) relating to the refusal of a lawful development certificate for a general industrial use at a site in Essex:-
A romantic proposal
Picture this:-
A young couple are choosing a diamond engagement ring at a jeweller’s shop in Edinburgh. They step out onto the first floor terrace with the sales assistant, who is carrying a selection of rings and glasses of champagne. It’s late afternoon in winter, the stars are beginning to shine in the sky and the lights have come on at the castle…..
Lifestyle choices
An inspector has granted a lawful development certificate for an outbuilding at a house in west London, having overruled the council on the meaning of ‘required’ (DCS Number 400-023-260).
The inspector recorded that the council had refused the application because it considered the operations would not be permitted by Class E of Part 1 of Schedule 2 to the GPDO. Class E, he explained, permits the provision within the curtilage of a dwellinghouse of any building required for a purpose incidental to the enjoyment of the dwellinghouse as such, subject to the detailed limitations set out in E.1. The council had reached its conclusion because the “overall size and scale and intended use” of the outbuilding was “not considered to represent a development for a purpose incidental to the enjoyment of the dwellinghouse”.
You had your chance
An inspector has granted approval of the details required by conditions attached to a planning permission for the erection of a bungalow in west Sussex, finding no reason not to approve them (DCS Number 400-023-429).
News from PlanningResource
- Dutch leaves Hogan Lovells for Ashurst position December 16, 2019Law firm Ashurst has announced the appointment of Claire Dutch as a partner and co-head of the planning team in its real estate practice in London.
- London Assembly calls on mayor to name those behind call-in requests December 16, 2019The mayor of London should publish the identity of anyone lobbying for planning applications to be called in, the London Assembly's planning committee has recommended.
- Old Oak development corporation axes 5,900 homes proposal from emerging local plan December 16, 2019Plans to develop nearly 6,000 homes on a major private sector landholding in west London have been dropped after a planning inspector advised earlier this year that the project would be undeliverable.
- High Court quashes Sussex house approval over 'misleading' planning report December 16, 2019A High Court judge has quashed a Sussex council's planning consent for a house after concluding that a planning officer's report on the application had been "seriously misleading".
- Suffolk parish council fails in 'deliverability' challenge against 229 homes consent December 16, 2019The Court of Appeal has dismissed a parish council's legal challenge against a Suffolk council's approval of up to 229 homes in its area, in case that examined how the 'deliverability' of potential sites for new housing is assessed.
- Prime Minister 'plans overhaul of Whitehall departments' December 16, 2019Reports that Prime Minister Boris Johnson is planning "an overhaul of Whitehall that would merge departments" and considering spending billions of pounds on infrastructure investment in the north of England and the midlands feature in today's newspaper round-up.
- Tory 2019 election victory: Live reaction blog December 13, 2019Leading built environment groups and individuals have been reacting to news of the Conservative Party's victory in yesterday's general election.
- 'World's first solar-powered railway being built in Britain' December 13, 2019News of the world's first solar-powered railway being built in Britain features in today's newspaper round-up.
- Tory 2019 election victory: Johnson speech promises 'superb infrastructure' across UK December 13, 2019Prime minister Boris Johnson has promised to deliver "superb infrastructure" to "every corner of the UK" and "the most far reaching environmental programme" in his general election victory speech this morning.
- Tory 2019 election victory: Seven key planning promises made by the party December 13, 2019Following a decisive Conservative victory in yesterday's general election, the path is clear for the new government to pursue its manifesto pledges. We look at seven key planning promises made by the Tories during the campaign.