Posts Categorized: Call for action

Whatever happened to….






….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?

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No filter






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.

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What’s the point?






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 [2018].

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How many times?!






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.”

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Open all hours?






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).

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Hug a tree






We were surprised, and a little alarmed, to find the following information in an appeal against a tree replacement notice relating to trees felled in southwest Scotland (DCS Number 400-015-800):

“The English publication “Tree Preservation Orders : A Guide to the Law and Good Practice” (2005) indicates that a provision in a tree preservation order prohibiting cutting down or removal of independent trees or groups of trees only applies to trees in existence at the time the order was made.”

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