A replacement dwelling in the green belt in Hertfordshire has been rejected at appeal, an inspector declining to take unexpended permitted development rights into account to justify a larger dwelling (DCS Number 400-018-395).
Posts Categorized: Current thinking
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’.
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).
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).
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).