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.
Posts By: dcplatest
The future’s Orange
Actually, it’s not, now that Orange UK is firmly in the past and the advert featuring the company’s long-running strapline has been taken off the telly. Nevertheless, the company has left a legacy in Orange Personal Communications Services Ltd. & Ors, R (on the application of) v London Borough of Islington [2006]. This court judgment featured in a recent appeal against the refusal of outline planning permission for the redevelopment of a former Co-op store in the east Midlands with nine dwellings (DCS Number 400-025-646).
The new normal?
We have seen a good number of appeal cases relating to lawful development certificates where inspectors have issued decisions without the benefit of a site visit. This might be unsurprising, given that such appeals turn on the facts of the case rather than matters of planning judgement. In a new development, we now have an example of a section 78 appeal which the inspector has decided without a site visit (DCS Number 400-025-725).
Out on the streets
In Unprecedented times we flagged up an enforcement appeal decision in which the inspector accepted that an uncertain situation currently exists with regard to Covid-19 but nevertheless reasoned that under s173A of the Act the council had the power to extend the time for compliance with the notice. In a further enforcement appeal relating to an unauthorised house in multiple occupation in north London (DCS Number 400-025-551), however, the inspector extended the compliance period, recognising that the effect of the notice would be to deprive the tenants of their homes at a time when they would be unlikely to find somewhere else to live.
Tact and discretion
Planning inspectors are, of course, public servants and must always treat appellants with the utmost courtesy and respect. On occasion that must prove quite a challenge. We rather admired the following phrasing, found in an appeal against an enforcement notice directed at the unauthorised residential conversion of a pub in Oxfordshire (DCS Number 400-025-507).
Viel Gluck
A recent court case, Gluck v Secretary of State for Housing Communities and Local Government [2020], has brought good luck to a local authority in Cheshire which found itself unable to determine a prior approval application under Class Q of the GPDO within the requisite period.
Taken out of context
The planning application process demands that information is provided about the context in which a development site is located. Given that that context might comprise land which is outside the control of the applicant, it can be problematic to provide information that is totally accurate. Nevertheless, providing inaccurate information has resulted in an unfortunate outcome for a would-be developer in north London.
Unprecedented times
As we all now know, we live in unprecedented times, and we are all having to adapt in one way or another. For its part, the Planning Inspectorate is busily exploring new ways of working and decision-making whilst adhering to the principles of fairness, openness and impartiality. In this context, we thought it might be useful to flag up a recent appeal against an enforcement notice which required the demolition, within twelve months, of an unauthorised house in Kent (DCS Number 400-025-508).
A wicked problem
An inspector has allowed a takeaway near to three primary schools on Merseyside, reasoning that primary school children would not be allowed out of school on their own, and so would be unable to buy takeaway food (DCS Number 400-025-467). You might think that perhaps the inspector has a point…until reading a further appeal decision, relating to a takeaway in Gateshead, in which the inspector reasons that where there are overweight children in an area there are probably also overweight adults, and planning policies are aimed at improving the health of the population as a whole (DCS Number 400-025-220).
A textbook example
Every now and then an inspector writes a decision which is quite simply a textbook example of how to approach a particular situation. Here is a good one relating to a log cabin within the curtilage of a dwelling (DCS Number 400-024-865) which you might wish to file and use for reference, should you come across a similar proposal during your own work.
News from PlanningResource
- Care home scheme 'complied with local plan as a whole' despite open space shortfall, High Court rules January 12, 2021The High Court has ruled that Shropshire Council was entitled to approve a sheltered housing scheme as being in broadly in line with its development plan, despite providing residents with less open space than the document would require.
- Shapps grants development consent for A38 junction improvements in Derby January 12, 2021Transport secretary Grant Shapps has granted development consent for improvements to three junctions on the A38 in Derby after finding that the scheme's benefits, including support for new housing and jobs, outweighed its climate change impacts.
- ‘Poor’ brownfield land registers ‘hinder the development of new homes’, developer’s report claims January 12, 2021“Gaps” in local authorities’ recording of brownfield sites in their area mean the opportunity to develop these for housing “is massively under-estimated”, according to a new study.
- Actress Cate Blanchett ‘needs bat plan’ as part of permission for meditation room January 12, 2021News of the requirements that form part of the planning permission granted to an Oscar-winning actress for a new meditation room at her home leads today's newspapers roundup.
- Inspectors advise York to consider withdrawing local plan over green belt boundaries concerns January 12, 2021Inspectors have asked York City Council to "give serious consideration" to withdrawing its long-awaited local plan from examination, after suggesting that the authority may struggle to address their concerns about the strategy's proposed green belt boundaries.
- 'One of Birmingham's tallest buildings' approved despite three per cent affordable flats January 11, 2021Birmingham City Council has approved a 48-storey city centre development of 454 build-to-rent apartments, despite the provision of a less-than-policy-compliant 14 affordable flats and concerns about heritage impacts.
- WYG rebrands as Tetra Tech following takeover January 11, 2021One of the UK’s biggest planning consultancies has officially adopted the name of its American parent company following a takeover in 2019.
- Almost a third of English councils lack a five-year housing land supply, research finds January 11, 2021The number of English councils with a National Planning Policy Framework (NPPF)-compliant development plan has risen to 71 per cent, but almost a third of local authorities lack a five-year housing land supply, according to new research from consultancy Savills.
- Developer has to pay Herts council extra £0.5m due to 'flagrant' CIL regulations breach January 11, 2021A developer will have to pay an additional £500,000 towards local infrastructure after a planning inspector concluded that the firm had made a "flagrant breach" of community infrastructure levy (CIL) regulations by starting work on a site without first notifying the local authority.
- May local elections ‘likely to be delayed’ January 11, 2021Speculation over whether May's local and mayoral elections will be postponed in light of the coronavirus upsurge and news of the completion of London’s “largest ever office building” feature in today's newspaper roundup.