An enforcement notice aimed at the residential use of land in Worcestershire has been declared a nullity by an inspector for the not uncommon reason of failing to specify a compliance period (DCS Number 400-020-206).
Posts Categorized: Call for action
….Advertisement Appeals Inspectors?
The chief executive of the Planning Inspectorate has explained that a large part of the reason for the current delay in the handling of planning appeals is “the unexpected receipt of more than 1000 prior approval appeals for phone kiosks”. We can see how the jam has built up if DCS Number 400-018-743 is anything to go by. In this case an experienced inspector has taken over four sides of A4 to determine an appeal against the refusal of prior approval for a call box. No doubt Euro Payphone Limited was happy to have one of PINS’ top people dealing with its appeal but was it really necessary? The DCP Blog remembers when PINS had a small team of specialist Advertisement Appeals Inspectors. Given that it is no secret that the interest in phone kiosks arises largely from their function as structures for the display of advertisements, wouldn’t it be an idea to allocate a SWAT team of specialist inspectors to deal with the phone kiosk appeals?
In November last year we said “it must be time to consider an amendment to Part O to require minimum floorspace provision”, in a Blog which highlighted the potential for substandard office-to-residential conversions under permitted development rights (Sauce for the goose).
A local authority in Bedfordshire has suffered a bit of a system failure recently, and we are guessing that it was because the necessary filters were not in place. In (DCS Number 400-018-075) the council accepted an outline planning application for the conversion of stables and a barn to a dwelling. Clearly, this is an application that should not have been validated, or registered, or decided. Even worse, the error was not picked up by the council when the applicants took its refusal to appeal.
The DCP Blog appears to have been in good company recently as it seems that the Court of Appeal has also been musing the meaning of the Written Ministerial Statement on wind farms. In a case involving a 50m high wind turbine proposed for a farm business in Nottinghamshire the court ruled that the WMS requirement to ensure that planning impacts have been ‘addressed’ does not mean they have to have been ‘eliminated’, R on the Application of Holder v Gedling Borough Council .
Q: How many wind turbines does it take to make up a wind farm?
A: One, apparently.
On 18 June 2015 the then Secretary of State for Communities and Local Government, Greg Clark, issued a Written Ministerial Statement entitled ‘Local Planning’.
An inspector dealing with an appeal against the refusal of planning permission for the extension and conversion of a large house in the west Midlands to nine flats (DCS Number 400-017-594) has pointed out that the national internal space standards are only applicable where a relevant local plan policy is in place:
A procedural note taken from an appeal against an enforcement notice (400-017-156):
“The allegation refers to the material change of use of the land to use as domestic curtilage. The Council is aware that curtilage is not a use of land and has suggested that I use my power under s176 to correct the notice to refer to the use of land for purposes incidental to the use as a dwelling or use of land for domestic purposes.”
Dismissing an appeal for the retention of seven studio flats in a building which had been granted planning permission for four one-bedroom flats (DCS Number 200-006-996), an inspector was not persuaded by the appellant’s argument that there are no internal space standard requirements in Part O of the GPDO.
Given that most of us have access to electronic means of communication at all times of day and night there is perhaps a risk of forgetting that planning legislation still recognises ‘business hours’. A planning authority in Sussex was reminded of this when an inspector dealing with an appeal relating to an agricultural barn found that its decision at 17:45 requiring prior approval was not issued “within the prescribed 28 day deadline, having regard to normal business hours” (DCS Number 400-016-112).