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).
Posts By: dcplatest
Three months’ hard labour
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.
Be reasonable
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.
A bombshell decision
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).
Bungaloid and bland
In denying planning permission for a new bungalow in the Ironbridge Gorge World Heritage site, an inspector made it clear that he was unimpressed with the lack of regard for the historic setting shown by the proposals (DCS Number 400-024-038).
Bah humbug
The cold within a planning inspector “froze his old features, nipped his pointed nose, shrivelled his cheek, stiffened his gait; made his eyes red, his thin lips blue; and spoke out shrewdly in his grating voice” as the old Scrooge dismissed a recent appeal against the refusal of planning permission for a Christmas market in York (DCS Number 400-024-155).
Oh no it isn’t!
Well, we are approaching pantomime season.
An appeal against refusal of a lawful development certificate for a loft conversion with dormer windows at a house in south London has been dismissed, the inspector finding that, despite the appellant’s belief that he lived in a detached house, permitted development limits relating to a terrace house applied (DCS Number 400-024-188).
Cross it off the list
No doubt it is invariably with the best of intentions that planning authorities attach planning conditions to planning permissions, but they do not always pass the scrutiny of planning inspectors. Going by a recent appeal case (DCS Number 400-024-078), the type which requires the retention of specified materials might be one to cross off the standard conditions list, and at the very least merits careful consideration before use.
First principles
The first and foremost principle with regard to the care of a listed building must be to not damage it. The second might be to not attach unnecessary accretions. With this in mind we are pleased to report that an inspector has refused to issue a certificate of lawfulness for the attachment of a plaque bearing the words “An English listed building” and a rose motif to a grade II listed farmhouse in Kent (DCS Number 400-023-929).
In the meanwhile
While our political leaders set out on the campaign trail little appears to be happening to address the situation in which poor-quality housing continues to be sanctioned under permitted development rights. Here is another example:-
News from PlanningResource
- City council green-lights central Oxford’s ‘first new college of the 21st century’ August 17, 2020Permission has been granted for three existing university buildings to be converted to form Oxford’s 39th college within the city’s central conservation area.
- How the planning white paper would change ... planning enforcement August 17, 2020A promise to "review and strengthen" council's enforcement powers and sanctions if new development does not meet the required design and environmental standards, including consideration of higher fines, features in the government's new planning white paper.
- 'Affordability row over plans for 700-home brownfield development' August 17, 2020A dispute over plans for 700 homes on a former gasworks site in Brighton leads our round-up of today's newspapers and news websites.
- Five authorities to pilot new spatial nature recovery strategies August 17, 2020Five local authorities are to trial the creation of new "local nature recovery strategies" (LNRS) which are intended to "support better spatial planning for nature", the government has announced.
- Thurrock Council secures injunction to block illegal development on 40-hectare green belt site August 17, 2020An Essex local authority has secured an interim High Court injunction to prevent unauthorised works on a 40-hectare green belt site - the latest in a series of court interventions by the council to restrict illegal works taking place at the location.
- High Court grants council permission to challenge inspector's green belt traveller site permission August 14, 2020The High Court has allowed a council to pursue a legal challenge to a planning inspector's decision to block its attempts to shut down a traveller encampment in the Merseyside green belt.
- Essex council gains interim injunction to prevent caravan park or travellers' camp on site August 14, 2020Brentwood Borough Council in Essex has taken preemptive High Court action to block development of land that it fears could become an unauthorised caravan park or traveller site.
- MPs 'set to frustrate mobile phone planning reforms over Huawei concerns' August 14, 2020News that some MPs concerned about the influence of Chinese telecommunications firm Huawei will "frustrate" the government's proposed planning changes around mobile phone infrastructure features in today's newspaper round-up.
- CIL Watch: Five ways the proposed changes to the planning system will affect CIL August 14, 2020Plans to scrap the community infrastructure levy (CIL) and create a new levy on development are among the far-reaching changes to the developer contributions system that were revealed in the new Planning White Paper. Here are five key changes.
- The likely risks and rewards of the proposed zonal plan system August 14, 2020Radical proposed changes to local plans, which would see them zone land into three development categories, is likely to mean more work for under-resourced council planning teams and could limit local authority control, some observers suggest. However, developers should welcome the greater certainty provided by the new system.