An enforcement notice aimed at the residential use of land in Worcestershire has been declared a nullity by an inspector for the not uncommon reason of failing to specify a compliance period (DCS Number 400-020-206).
Posts By: dcplatest
Local knowledge
An appellant seeking to establish that the unfettered residential occupancy of a barn conversion in the Lake District would be lawful was disappointed when an inspector decided that the term ‘locality’ in a restrictive condition was precise and enforceable (DCS Number 400-020-182).
Block paving blocks parking
In deciding an appeal against a south London council’s refusal to grant a certificate of lawfulness for a vehicle crossover (DCS Number 400-020-168), an inspector has distinguished between ‘porous’ and ‘permeable’ hard surfacing.
Fire away
In a previous blog, Flame test, we reported an appeal case in which an inspector was not satisfied that a sprinkler system would provide adequate mitigation against fire safety risk at a site for four flats which would be inaccessible to fire appliances. In another appeal concerning the erection of one dwelling in Greater Manchester, on the other hand, an inspector decided that sprinklers would overcome the problem.
Waking the dead
At the spookiest time of the year we found this in an appeal against the refusal of planning permission for the residential conversion of a church in the Scottish Highlands (DCS Number 400-019-958):
Behind the wheel
The conventional planning view has been that low levels of car ownership can be expected amongst elderly people, and accordingly, parking requirements at retirement housing need only be minimal. Perhaps this view is becoming a little outdated, as an inspector determining an appeal against the refusal of planning permission for sheltered retirement apartments in Essex points out (DCS Number 400-019-603):
Inspector gadget
We all have to keep up with the times, including inspectors.
An inspector determining an appeal relating to a 49-storey mixed use building in east London (DCS Number 200-007-957) has reported that “At the site visit, virtual reality goggles allowed me to ‘see’ the proposed building in its future surroundings.”
Where else?
An inspector has granted retrospective planning permission for a treehouse at a house in Hampshire after disagreeing with the council that it was a highly visible, obtrusive and incongruous feature (DCS Number 400-020-057).
Supply and demand
An inspector determining an appeal against the refusal of outline planning permission for four dwellings in rural Hampshire has distinguished between housing demand and housing need (DCS Number 200-007-965).
Local plan policy allowed for small scale residential proposals of a scale and type that met a locally agreed need, the inspector recorded. The appellants argued that ‘demand’ for housing is synonymous with ‘need’.
Rub-a-dub-dub
Hot tubs do not require planning permission, a reporter determining a case in southeast Scotland has ruled (DCS Number 400-019-975).
The reporter identified the key factors he needed to assess in relation to whether the eleven hot tubs, sited at park lodges, required planning permission were their size, permanence and degree of physical attachment to the land (Cardiff Rating Authority v Guest Keen Baldwin Iron & Steel Co Ltd [1949] and Skerritts of Nottingham Ltd v SSETR & Harrow LBC [2000]).
News from PlanningResource
- Council approves local plan ‘11 years late’ January 25, 2022A report that a council in Essex has finally approved its local plan after numerous delays leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction that would otherwise not be January 25, 2022Of the 51 councils that are subject to the housing delivery test’s most severe sanction - the weakening of their housing supply policies - only about one in five of them would not face the penalty anyway, according to Planning research.
- £64,000 bill for landlord who ignored enforcement notice January 25, 2022A landlord who showed “persistent disregard” of a planning enforcement notice has been ordered to pay a total of more than £64,000.
- PINS says in-person hearings can resume following lifting of government restrictions January 25, 2022The Planning Inspectorate (PINS) has said that in-person hearings and inquiries can resume as normal following the government's lifting of Covid restrictions, but will not be able to reveal its long-term plans for staging events until the spring.
- Peers criticise DLUHC over decision to make post-pandemic PD rights permanent January 25, 2022A House of Lords committee has criticised the government's decision to make permanent two initially temporary post-Covid permitted development (PD) rights, claiming the move has been made without “robust parliamentary scrutiny” and could have an “adverse impact” on the public.
- Government plans to bring HS2 Crewe to Manchester bill to Parliament today January 24, 2022A bill that would provide the powers needed to construct and operate the HS2 route between Crewe and Manchester will be introduced to Parliament today, transport minister Andrew Stephenson has said.
- ‘New government cycling and walking agency will be statutory planning consultee’ January 24, 2022A report that a new government agency promoting cycling and walking will become a new consultee body for any big planning application leads today’s news roundup.
- The councils facing the housing delivery test’s most severe sanction for the first time January 24, 2022Of the 51 councils that are subject to the most severe penalty in this year's housing delivery test (HDT) - which involves the weakening of their housing supply policies - just three will face the sanction for the first time, according to Planning research.
- Council avoids judicial review over allegation of 'mistaken' permitted development approval January 24, 2022A district council has avoided a judicial review of its decision to allow the creation of two new flats above a shop after a parish council alleged that the authority mistakenly believed the consent to be covered by permitted development rules.
- Government announces 16 councils to share £3.7m digital planning cash January 24, 2022The government has announced that 16 councils across England have secured a share of over £3.7 million in funding to take part in trials intended to use digital technology to simplify and speed up the planning process.