In Shakespeare’s day ‘presently’ only meant in the present, now. Over a few centuries the procrastinators amongst us have managed to stretch the meaning of the word such that it can also mean in the near future, soonish. Likewise, ‘immediately’ might not mean exactly the same thing to one person as it does to another. Against this background you can see the inspector’s problem with an enforcement notice which required the use of a site in Gloucestershire as a storage yard to cease ‘immediately’ (DCS Number 400-024-830). He declared the notice a nullity and without legal effect.
Posts By: dcplatest
A judgment handed down by the Court of Appeal towards the end of last year confirmed that the variation of a condition under section 73 of the Town and Country Planning Act 1990 must not result in conflict with the original description of development (Finney v Welsh Ministers ).
The Mansi doctrine is a long-established planning principle which can be seen in action in an appeal case relating to the short-term letting of a basement flat in west London (DCS Number 400-024-249).
Taken from a recent appeal decision (DCS Number 200-009-178):
‘The realignment of the proposed route for HS2 has….resulted in significant uncertainty regarding the timing and nature of any future development of the site.’
An inspector has refused to grant prior approval for the change of use of a barn in Worcestershire to commercial use under Class R of the GPDO on the grounds that it would require the material widening of an access to a classified road (DCS Number 200-009-072).
In determining an appeal relating to the siting of three mobile homes in rural Berkshire (DCS Number 400-024-202) an inspector has confirmed that, although we no longer seek to protect the countryside “for its own sake”, there are stretches which are worthy of protection from development even though they carry no designation.
In allowing an appeal against the refusal of prior approval for conversion of a light industrial unit in west London to eight flats an inspector has determined that “gross floor area” in Class PA of the GPDO does include internal areas such as staircases but does not include external walls (DCS Number 400-024-102).
Another appeal case, this time relating to stables in Lancashire (DCS Number 400-024-650), further illustrates the point made in Be reasonable that the period for compliance with enforcement notices must not be unreasonable.
The new year might be a time for the stiffening of resolve but it is important, particularly with regard to enforcement matters, to be reasonable. A recent appeal case (DCS Number 400-023-842) illustrates the point.
In a decision which might not be popular with all of the neighbours an inspector quashed an enforcement notice requiring the removal of work by a noted street artist at a bar and restaurant in London’s Portobello Road, finding no harm to the character and appearance of the conservation area (DCS Number 400-024-502).