An appellant contesting a council’s refusal to grant a certificate of lawful use for the use of land at his house near Bristol as a domestic garden has found himself dealing with a matter which can often fox local planning authorities (DCS Number 400-018-126). A previous Blog How many times?! gives just one example of a council having got it wrong.
Posts By: dcplatest
A householder appealing the refusal of a certificate of lawfulness for a rear extension to his terrace house in southwest London has offered a novel interpretation of the GPDO (DCS Number 400-018-014).
In Just kidding around we reported an appeal case in which the issue of permanence was debated. Here’s another, not dissimilar, but which draws on some different case law. This appeal (DCS Number 200-007-302) concerns an enforcement notice directed at a freight container, sited in a Kent field, which was used for the storage of equipment associated with the cultivation of Christmas trees.
It’s no joke being a farmer in the current wintry weather conditions, so a cold-hearted attitude from the local planning authority is not likely to be met with good humour. Neither is the suggestion that one’s elderly mother should be required to vacate the farmhouse in order to make the dwelling available to the holding likely to be supported by an inspector, as a case in Yorkshire shows (DCS Number 200-007-293).
You might think that subterranean development would not conflict with “The fundamental aim of Green Belt policy” which ”is to prevent urban sprawl by keeping land permanently open” (Paragraph 79 of the NPPF).
As we approach the centenary of the ending of the First World War it’s rather nice to see planning inspectors doing their bit to preserve the memory of the fallen.
In County Durham an inspector decided that an agricultural shed would intrude into the verdant setting of a listed war memorial which was carefully positioned at a strategic bend in the road at the entrance to the village (DCS Number 400-018-114).
A local authority in Bedfordshire has suffered a bit of a system failure recently, and we are guessing that it was because the necessary filters were not in place. In (DCS Number 400-018-075) the council accepted an outline planning application for the conversion of stables and a barn to a dwelling. Clearly, this is an application that should not have been validated, or registered, or decided. Even worse, the error was not picked up by the council when the applicants took its refusal to appeal.
The DCP Blog appears to have been in good company recently as it seems that the Court of Appeal has also been musing the meaning of the Written Ministerial Statement on wind farms. In a case involving a 50m high wind turbine proposed for a farm business in Nottinghamshire the court ruled that the WMS requirement to ensure that planning impacts have been ‘addressed’ does not mean they have to have been ‘eliminated’, R on the Application of Holder v Gedling Borough Council .
Q: How many wind turbines does it take to make up a wind farm?
A: One, apparently.
On 18 June 2015 the then Secretary of State for Communities and Local Government, Greg Clark, issued a Written Ministerial Statement entitled ‘Local Planning’.
In The total effect we reported an appeal case (DCS Number 400-017-236) in which an inspector granted permission for the replacement of an existing dwelling, garage and outbuildings in the green belt with a new larger dwelling. The inspector based his decision on Tandridge DC v SSCLG & Syrett  in which the court held that there is no reason in principle why the objectives of green belt policy cannot be met by the application of the NPPF exception allowed to replacement buildings to a group of buildings as opposed to a single building.