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
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):
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).
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).
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).
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.
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).
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?
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.
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.