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. 

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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. 

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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).

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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.’

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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.  

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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. 

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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. 

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