Posts Categorized: Current thinking

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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The offside rule






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.

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The total effect






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).

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