Approval of reserved matters for 71 dwellings in Leicestershire has been denied after an inspector found that the distribution and appearance of affordable housing would not result in an inclusive and mixed community (DCS Number 200-007-446).
Posts Categorized: Current thinking
The conversion of a maisonette in north London to two flats was allowed at appeal, despite council concern about the loss of family housing, for the unusual reason that the location was unsuitable for raising a family (DCS Number 400-018-332).
An inspector has dismissed an appeal concerning the extension of a house in the green belt in Bedfordshire, rejecting the appellant’s claim that the proposal entailed partial redevelopment and therefore was not inappropriate development (DCS Number 400-018-287).
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).
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 .
In deciding an appeal against the refusal of advertisement consent for a 10m by 11m advertisement on a scaffolding shroud in a central London conservation area, an inspector decided that they were now part of the urban scene (DCS Number 400-017-787).
Readers interested in the hot topic of whether the amalgamation of residential units to form a single dwelling is a material change of use might wish to note the outcome of an appeal against the refusal of a certificate of lawfulness in north London (DCS Number 400-017-738).
A reporter has allowed a two-year extension of a temporary permission for three 198m high wind turbines on the west coast of Scotland (DCS Number 400-017-660), notwithstanding residents’ concerns about the effect on their health.
A quick scan of the appeal record reveals any number of examples of arguments concerning what constitutes the side elevation of a dwelling. In dealing with an appeal against the refusal of a lawful development certificate for a two storey rear extension to a dwelling in south London (DCS Number 400-017-646), an inspector decided that a bay window in the rear elevation was part and parcel of the rear wall.
Right, we’ve had a good look at the meaning of ‘isolated’. Next up, ‘materially larger’.
Paragraph 89 of the NPPF states that planning authorities should regard the construction of new buildings as inappropriate in the green belt. Exceptions include “the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces”. However, as noted by an inspector dealing with an appeal against the refusal of planning permission for a replacement house in the green belt near Bristol, the NPPF lacks a definition for the term ‘materially larger’ (DCS Number 400-017-236).