Posts Categorized: Current thinking

Sounds of the city






An interesting ruling on the intention of Class O of the GPDO with regard to noise impacts has come up in a recent appeal decision (DCS Number 400-018-679).

This case involved a prior approval application for the change of use of the upper floors of a building in west London from office use to 30 flats under Schedule 2, Part 3, Class O of the GPDO. The inspector identified the main issue as being whether the proposal would provide adequate living conditions for its intended occupiers by way of the impacts of noise from commercial premises.

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High-handed






A recent appeal case in north Wales addresses an interesting point about the validation of planning applications (DCS Number 400-018-465).

The appellants in this case had made a householder application for ‘alterations and extension to domestic garage to form annexe accommodation’ and they had paid the relevant fee. The planning authority, however, issued a notice of invalidity, with the requirement ‘Please complete and return an application form for planning permission, this type of proposal is not household but the creation of a dwelling, and please note the correct fee is £380.00’.

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How much exactly?






Q How much harm is less than substantial harm, exactly?

A More than 5.25 per cent.  

Paragraph 134 of the Framework states that ‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal…’. The question this raises, of course, is how much harm is less than substantial harm? An inspector dealing with an appeal against the refusal of planning permission for 290 dwellings on ridge and furrow earthworks in Leicestershire decided, in the case before him, that it was more than 5.25 per cent of the earthworks (DCS Number 200-007-416).

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Snow joke






It’s no joke being a farmer in the current wintry weather conditions, so a cold-hearted attitude from the local planning authority is not likely to be met with good humour. Neither is the suggestion that one’s elderly mother should be required to vacate the farmhouse in order to make the dwelling available to the holding likely to be supported by an inspector, as a case in Yorkshire shows (DCS Number 200-007-293).

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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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