Perhaps one of the most notable changes which has occurred in society in modern times is the erosion of class divisions, and a recent appeal case offers some insight into how our environment has been deployed to drive this change (DCS Number 200-008-064).
Posts Categorized: Current thinking
A proposal for 16 residential park homes on the edge of a village in Oxfordshire was dismissed at appeal in the absence of affordable housing provision, despite the appellant’s argument that the homes would themselves be affordable (DCS Number 400-020-174).
An appellant seeking to establish that the unfettered residential occupancy of a barn conversion in the Lake District would be lawful was disappointed when an inspector decided that the term ‘locality’ in a restrictive condition was precise and enforceable (DCS Number 400-020-182).
The conventional planning view has been that low levels of car ownership can be expected amongst elderly people, and accordingly, parking requirements at retirement housing need only be minimal. Perhaps this view is becoming a little outdated, as an inspector determining an appeal against the refusal of planning permission for sheltered retirement apartments in Essex points out (DCS Number 400-019-603):
We all have to keep up with the times, including inspectors.
An inspector determining an appeal relating to a 49-storey mixed use building in east London (DCS Number 200-007-957) has reported that “At the site visit, virtual reality goggles allowed me to ‘see’ the proposed building in its future surroundings.”
An inspector determining an appeal against the refusal of outline planning permission for four dwellings in rural Hampshire has distinguished between housing demand and housing need (DCS Number 200-007-965).
Local plan policy allowed for small scale residential proposals of a scale and type that met a locally agreed need, the inspector recorded. The appellants argued that ‘demand’ for housing is synonymous with ‘need’.
In Oxfordshire some allowance has been made for the unsettling impact of Brexit, where an inspector has extended permission for the retention of eight staff caravans at an hotel beyond April 2019, allowing the business time to arrange alternative staff accommodation following the country’s departure from the EU (DCS Number 400-019-891).
An inspector has granted permission for independent use of a granny annexe in the Devon countryside in line with a revision to the NPPF (DCS Number 400-019-912).
Planning permission had been granted in 2003 for the reconstruction of a dwelling with granny annexe. The permission was subject to a condition that the annexe should not be used as an independent unit of residential accommodation separate from the house, in accordance with the development plan which sought to protect the countryside.
Paragraph 197 of the NPPF says:
“The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.”
Believe it or not the revised NPPF has clarified an aspect of national planning policy. Yes, really! The Blog found the following in an appeal against the refusal of permission for the change of use of a house in southeast London to a day nursery in which highway safety was an issue (DCS Number 200-007-830):