Posts By: dcplatest

High on the hog

They live high on the hog in Essex. Because there, a restaurant is reckoned to be a community facility.

In this case (DCS Number 400-022-010) the change of use of a restaurant to two residential units was rejected at appeal because it “…would have a harmful impact on the ability of the community to meet its day to day needs.”

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Substantially completed

Section 171B(1) of the 1990 Act sets out that where there has been a breach of planning control consisting of the carrying out without planning permission of building operations, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

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Health concerns 2

By contrast with the finding of the inspector in Health concerns 1, another inspector has dismissed an appeal for a block of flats near a noisy road junction in Surrey (DCS Number 200-008-320), finding that the design would “create habitable rooms that would be exposed to unacceptable noise levels and this would be extremely likely to negatively impact upon the health and welfare of occupiers.” In so doing she acknowledged council advice that “there can be hidden impacts resulting from noise upon health, such as, increased adrenaline that has of more recent times been linked with sleep loss and dementia.”

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Health concerns 1

One of the objectives of the planning system, according to Paragraph 8 of the NPPF, is “to support strong, vibrant and healthy communities.” Interesting, then, that an inspector determining an appeal against an enforcement notice directed at the change of use of a shop in Westminster to a shisha lounge (DCS Number 400-021-315) has concluded that “the development will not unduly harm public health”.

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