A recent appeal case concerning the change of use of amenity land to residential garden land at two new houses in Berkshire tells us that an inspector’s work is never done (DCS Number 200-006-882).
Posts Categorized: Current thinking
An appeal case relating to the refusal of outline permission for up to 80 dwellings in Hampshire (DCS Number 200-006-896) sums up current thinking about policies which place a blanket restriction on development in the open countryside.
An inspector dealing with an appeal against the refusal of outline permission for three dwellings in Surrey (DCS Number 200-006-849) has reminded us that despite there being a tendency for mud to stick, it shouldn’t.
In PPS7 Annex A – gone but not forgotten and Nearly four years on and deleted guidance is still in use we remarked on inspectors’ reluctance to let go of PPS7 guidance on new farm dwellings.
Once a settlement boundary has been defined it is easy to see it as fixed and not to be breached. However, an inspector dealing with an appeal against the refusal of outline permission for a house in the green belt in Essex took account of case law set out in Julian Wood v SoS and Gravesham Borough Council  which found that the term “village” is not necessarily the same as a settlement boundary, and that there is a need to consider the facts on the ground (DCS Number 400-016-397).
None of us wishes to see stalled development blighting our cities, one would hope. Nonetheless, an inspector has found that a condition precluding the commencement of development of a site in west Yorkshire before contracts had been let was unnecessary, unreasonable and unenforceable (DCS Number 400-016-396).
A central London café has failed to convince an inspector that shisha smoking at the front of the premises is lawful, the inspector distinguishing shisha smoking from cigarette smoking (DCS Number 200-006-729).
In upholding an enforcement notice directed at the storage and sale of building materials at a farm in a Shropshire village (DCS Number 200-006-637) an inspector has given a ruling on the interpretation of NPPF guidance on highway safety.
Sometimes we say things without really thinking through what they mean. We all do it, and the secretary of state is probably no exception. Accordingly, it was very helpful of an inspector, dealing with two called-in applications for a wind farm expansion in Lancashire (DCS Number 200-006-601), to explain the implications of a written ministerial statement to him.
In Use or abuse we queried the meaning of ‘significant’ in the context of Paragraph 112 of the NPPF, which relates to the loss of agricultural land.
An inspector dealing with an appeal against the refusal of planning permission for 28 dwellings in Leicestershire has given us the answer (DCS Number 200-006-606).