An inspector has decided that an Essex council was mistaken in its view that permission in principle cannot be granted for development on land which is not on a brownfield land register (DCS Number 400-029-717).
Posts By: dcplatest
The man on the Clapham omnibus
You don’t meet the man on the Clapham omnibus much these days but here he is in a recent appeal case:
In determining an appeal against an enforcement notice which alleged the material change of use of agricultural land in west Cornwall to a mixed allotment and leisure use (DCS Number 400-029-642), the inspector first gave his attention to getting the notice in order.
A flat refusal
The change of use of part of a ground floor shop in Leicester to three self-contained flats under Schedule 2, Part 3, Class M of the GPDO has been denied permission, an inspector declining to recognise the minimal scale of accommodation proposed as dwellings (DCS Number 400-029-654). As the debate concerning the expansion of permitted development rights continues we thought this case was one to highlight.
Vitamin Sea
Desperately in need of a dose of Vitamin Sea, we’ve been watching Cornwall and Devon Walks with Julia Bradbury on ITV. Julia described the coastal town of Salcombe as ‘chi chi’ so it probably ought not to come as a surprise that a camping barn there might be better described as luxury than rudimentary (DCS Number 400-029-508).
An unrestrained whim
In determining whether an outbuilding at a house in Buckinghamshire would be permitted development under Schedule 2, Part 1, Class E of the GPDO an inspector made reference to the leading court case on the subject, Emin v Secretary of State for the Environment and Mid-Sussex DC [1989].
A key question
Class M of Part 3 of Schedule 2 of the GPDO allows for ‘… a change of use of a building from…a use falling within Class A1 (shops) or Class A2 (financial and professional services) …to a use falling within Class C3 (dwellinghouses) …subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to…whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses)… because of the impact of the change of use …where the building is located in a key shopping area, on the sustainability of that shopping area.’
Happy and free
Looking forward to the “happy and free Great British summer” predicted by the Secretary of State for Health it might be a good idea to gen up on the planning legislation relevant to caravans. Happily, we spotted a useful appeal case recently: in settling an argument as to whether the siting of static caravans on a site in Dorset would be lawful (DCS Number 400-029-263) the inspector recounted the relevant case law.
Handed out
Anyone who has felt dismay on reading a council’s 30-item planning application validation list will cheer the appellant who challenged the need for a particular item at appeal. And won.
In this case, relating to a proposal for two dwellings in north Wales (DCS Number 400-029-403), the planning authority demanded handed plans of the proposed dwellings and associated double garage. Appealing the council’s notice of invalidity, the appellant maintained that a planning department should not require identical mirrored plans, and it was therefore unreasonable to identify such plans as a validation requirement.
Granny’s Law
The conversion and extension of an outbuilding at a house in the green belt in Essex to a residential annex has been granted planning permission by an inspector, notwithstanding the council’s concern that it would result in the creation of an independent residential unit (DCS Number 400-028-727). This is an issue which comes up not infrequently, so we thought it would be useful to pass on the relevant case law, helpfully set out by the inspector in her decision.
Parish pump politics
A recent appeal decision (DCS Number 400-029-264) serves as a reminder that planning committee members who fail to heed their officers’ advice, having been swayed solely by local opinion, are in peril of seeing an award of costs made against their council.
News from PlanningResource
- Plans submitted for 1,600-home east London development November 26, 2021Plans have been submitted for a 1,600-home scheme, part of the continued redevelopment of Aberfeldy Village in Poplar, east London.
- Annual housing supply plunged in 2020/21 to lowest level in five years November 26, 2021The number of new homes created in England in 2020/21 plunged by 11 per cent compared to the previous year - the first drop in eight years, figures from the Department for Levelling Up, Housing and Communities (DLUHC) show.
- PM's Irish Sea bridge plan 'scrapped over £335bn cost’ November 26, 2021A report that prime minister Boris Johnson’s dream of a bridge connecting Scotland and Northern Ireland has been dashed after being deemed too expensive leads our roundup of today's news.
- Developer fails to persuade High Court to extend development consent for major infrastructure project November 26, 2021The High Court has rejected a developer's attempt to prevent its consent for a major infrastructure project lapsing after five years, dismissing its argument that some preparatory works carried out after permission was granted meant that development had begun.
- Judge urges council to 'constructively' engage with landowners to resolve planning dispute over unlawful works November 26, 2021A High Court judge has criticised a council for a lack of "constructive" engagement with a couple who carried out unlawful building works in a woodland plot they own.
- Ten key things that happened in the past week November 25, 2021Ten of the biggest news stories from the past week, including news that a junior housing minister has overturned the former secretary of state Robert Jenrick’s controversial approval of the 1,500-home Westferry Printworks scheme .
- Why ministerial refusal of Tory donor's 1,524 homes indicates heightened importance of design and heritage in decision-making November 25, 2021A minister has refused plans for a 1,500-home scheme that was controversially approved by the previous housing secretary before that decision was quashed in the courts. Commentators said the latest refusal indicates the increasing weight given to design and heritage impacts in decision-making as well as potential ministerial caution following government scandals and controversy.
- Neighbourhood Watch: Council left with deciding vote after split decision on east London plan November 25, 2021Tower Hamlets Council will have to decide on whether to approve the Spitalfields neighbourhood plan after two referendums failed to achieve a consensus.
- The significance of the secretary of state’s rejection of the ‘Tulip’ skyscraper November 25, 2021A ministerial refusal of plans for a striking City of London tower reflects tougher national policies on design and the new importance of sustainability, say practitioners, as well as new tall building restrictions introduced by the London mayor.
- ‘M&S faces backlash for plans to rebuild Oxford Street store’ November 25, 2021News that retailer Marks and Spencer is facing a backlash for choosing to demolish and rebuild its Oxford Street store in contradiction of its own sustainability values, leads our roundup of today's news.