Posts By: dcplatest

Text and context






In Oversimplification we reported an appeal case in which the inspector found that prior approval should not have been refused for a house extension on the grounds that inconsistent information regarding its maximum depth had been provided in the application: the block plan showing one measurement whereas it was stated as being another. Paragraph A.4(2)(b) of Part 1, Class A of the GPDO, he explained, does not require the plan to be drawn to any scale. The plan needed only to indicate the site and show where the proposed extension was to be located, the actual dimensions of the extension were required to be stated in writing under A.4(2)(a), which had been done.

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The law is an ass






‘ “If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass — a idiot.” ‘

Charles Dickens’ beadle was probably not the first to call the law an ass and he undoubtedly won’t be the last. Nevertheless, whatever at times we might think of planning law, it is up to us to apply it in letter and spirit. Whether an inspector did quite that when he allowed an appeal (DCS Number 200-009-472) against a council’s refusal to remove an agricultural occupancy condition from a bungalow in north Yorkshire is open to question.

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Court cases on curtilage






Just thought we would share this handy paragraph from a recent appeal decision (DCS Number 400-026-036) on the definition of a curtilage.

“In terms of what can be reasonably considered as residential curtilage it was held in Dyer v Dorset CC [1989] that curtilage constitutes a piece of ground attached to a dwellinghouse and forming one enclosure with it; thereby the area attached to and containing a dwellinghouse and its outbuildings. The case of McAlpine v Secretary of State for the Environment [1995] did not depart from the above judgement save for the mention of it being constrained to a small area around a building, whilst the Court of Appeal in Secretary of State for the Environment, Transport, and the Regions v Skerritts of Nottingham [2000] decided that the definition of a curtilage in relation to a building must remain a question of fact and degree in each case.”

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The way forward?






Readers will be aware that the housing secretary, Robert Jenrick, has urged councils and the planning inspectorate to make more use of digital technology during the current lockdown to ensure that the planning process continues to operate effectively in order to support economic recovery. Here on the Blog we have been looking out for procedural changes which might achieve this objective.

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The unvarnished truth






Tricky things, nail bars. In a previous blog, On the nail, we reported an appeal case in which an inspector declined to issue a certificate of lawfulness for the use of a vacant shop as a nail bar on the grounds that they fall within different use classes. In Nailed it, meanwhile, the inspector, whilst recognising that nail bars are a sui generis use, allowed the change of use of a shop to a nail bar on the grounds that they are comparable uses equally appropriate to a shopping area.

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