This year has been pretty awful for the tourism industry but 2021 is now looking altogether brighter for the owner of a holiday caravan park in north Devon, having secured a lawful development certificate for an unrestricted number of caravans (DCS Number 400-028-391). At appeal, an inspector ruled that the number of caravans was no longer bound by the original planning permission for 45 caravans.
Posts By: dcplatest
Moving the goalposts
A south Wales council has been shown a yellow card and had a full award of costs made against it after raising a new issue when determining a resubmitted flats scheme (DCS Number 400-028-347).
Catch 22
Here is another appeal example relating to an aspect of the GPDO which we commented on in 2017, in A lose-lose situation. There are still no winners.
This case relates to an appeal against the refusal of a lawful development certificate for a single storey extension to a house in an Oxfordshire village (DCS Number 400-028-293). The site was in both a conservation area and the North Wessex Downs area of outstanding natural beauty.
A novel interpretation
Paragraph 79 e) of the NPPF allows for the development of isolated homes in the countryside if the design is of exceptional quality in that it is truly outstanding or innovative.
Virtual reality
Readers might be aware that the Planning Inspectorate’s latest Procedural Guide now allows for the appeal process to be a hybrid of the inquiry, hearing and written representations procedures. This reflects the greater flexibility provided for in the Business and Planning Act 2020 which contains measures designed to support the economy during the coronavirus pandemic.
Be kind
In a decision which appears to reflect the current zeitgeist, an inspector has ruled that in making planning decisions, good neighbourliness must be assumed (DCS Number 400-028-265).
The proposal in this case sought to use part of the flat roof of a single storey rear extension at a flat in west London as a balcony enclosed by railings and as a walkway to a spiral staircase providing a means of escape and access to the rear garden.
A satellite development
Here’s one that’s a bit unusual but interesting, nonetheless:
An inspector has deleted the requirement to remove two satellite dishes from a listed building from an enforcement notice affecting a south London pub, as they were outside the control of the appellant (DCS Number 400-028-190).
Bee happy
An Essex council’s imposition of a condition requiring the submission of an ecological enhancement scheme on the reserved matters approval for nine bungalows was no doubt borne of the best of motives. Deleting the condition and awarding costs to the appellant, however, (DCS Number 400-028-159) an inspector pointed out that Planning Practice Guidance is clear that the only conditions which can be imposed when reserved matters are approved are conditions which directly relate to those reserved matters.
Unfathomable
While we are on the subject of unnecessary conditions (Double trouble), here is an appeal case in which the inspector found the imposition of a condition to be unfathomable (DCS Number 400-028-145).
Double trouble
An inspector has deleted a condition which required that a new bungalow in Cambridgeshire should be one-bedroomed and single storey only, ruling it to be unnecessary (DCS Number 400-027-951).
The appellant suggested that first floor rooms could be incorporated into a chalet bungalow, with no windows facing properties on an adjacent road. The inspector accepted that it was for the appellant to demonstrate, through the submission of detailed plans, whether or not first floor accommodation or more than one bedroom could be incorporated into the bungalow without compromising its design and the relationship with the character and appearance of the area. Any design, the inspector continued, would also need to ensure that acceptable levels of outlook, light and privacy for occupiers of neighbouring properties would be retained. The removal of the condition would not preclude the council from assessing these elements of the scheme at the reserved matters stage.
News from PlanningResource
- Developer submits plans for 1,250-home development in south London April 14, 2021Plans have been submitted for a 1,250-home development on brownfield land in Bexley, south London.
- Join our free webinar on the future of town centres on Mon 19 April April 14, 2021Public and private sector planners and lawyers will examine the long-term planning implications of Covid-19 on the high street at a free webinar next week.
- 470-home London tower blocks get go-ahead despite tall buildings policy departure April 14, 2021Plans for a 470-home scheme up to 24 storeys high have been given the go-ahead in north London despite officers admitting that the development goes against the council’s adopted policy on tall buildings.
- Plans submitted for 2.4km road to unlock 9,000-home Essex 'garden community' April 14, 2021Plans have been submitted for a new 2.4km link road intended to assist in the delivery of a new Essex "garden community" of up to 9,000 new homes.
- British Land 'buying up retail parks and warehouses' April 14, 2021A report that developer British Land is buying up retail parks and warehouses features in today's media roundup.
- 'Illegally-demolished 100-year-old pub finally opens doors after brick-by-brick rebuild' April 13, 2021A report that a 100-year-old London pub unlawfully demolished by a developer before a judge ordered the firm to rebuild it 'brick by brick' opened its doors yesterday features in today's newspaper roundup.
- Judge refuses Sevenoaks Council's appeal against local plan cooperation failure ruling April 13, 2021The Court of Appeal has refused Sevenoaks Council permission to appeal against a High Court ruling that its local plan failed the duty to cooperate, with a judge describing the authority's case as "unarguable".
- Half of councils set high policy bar for off-site affordable housing provision, consultancy finds April 13, 2021While seven out of 10 English local planning authorities have a policy on off-site affordable housing, almost half of councils only accept the provision of such homes in “exceptional circumstances”, a planning consultancy report has found, which argues that such suspicion is holding back the creation of mixed communities.
- West Midlands councils appoint planning consultancy to produce regeneration masterplan April 13, 2021Birmingham City Council and Sandwell Council have appointed a planning consultancy to develop a masterplan as part of its Smethwick to Birmingham corridor regeneration project.
- Giant warehouse plans approved on unallocated countryside site despite objections from former planning minister April 13, 2021Councillors have narrowly approved plans for a 218,000 square metre distribution warehouse on an unallocated site in the Hampshire countryside despite an objection from former housing and planning minister Kit Malthouse.