Posts Categorized: Current thinking

Negative thoughts






In GPDO overrides use condition we reported an appeal case in which an inspector found that a condition stating that ‘the premises shall be used only for purposes falling within Class B1’ did not prevent the exercise of GPDO rights to convert the former barn to a dwelling. A recent court case, Dunnett Investments Ltd v Secretary of State for Communities and Local Government 29/3/17 appears to support his view.

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Nothing in life is certain






For those of us who thought that the decision in Oxfordshire County Council v Secretary for State for Communities and Local Government and others [2015] had settled the argument about whether councils are entitled to claim monitoring fees in relation to Section 106 agreements, the inspector’s decision in (DCS Number 200-006-210) makes discomfiting reading.

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We need to talk about Airbnb….






…because it’s getting bigger all the time and we need to set boundaries.

An appeal against an enforcement notice directed at the use of an outbuilding in the Lake District for letting through Airbnb (DCS Number 400-014-522) is a case in point. The appellant contended that the building was effectively an additional bedroom to the main house and was let only occasionally through Airbnb. Having examined the information on the Airbnb website, however, the inspector came to the conclusion that a material change of use had occurred and therefore a breach of planning control had taken place. He upheld the notice.

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Achieving retail objectives






Those with an interest in the retail sector will know that development plan policy generally seeks to ensure that the vitality and viability of district centres is protected and that it is not undermined by changes of use from retail use. The loss of a retail unit in a north Wales shopping centre has been allowed by an inspector, however, after he decided that conversion of the former newsagent’s with attached dwelling to three dwellings would be preferable to long-term vacancy (DCS Number 400-014-214).

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The significance of layout






We thought this snippet was interesting for the considerable (unprecedented?) emphasis placed on the importance of urban grain. The case (DCS Number 400-014-146) concerns an appeal against the refusal of listed building consent to create an off-road parking area at a grade II listed former mill worker’s cottage in an area designated as a World Heritage Site.

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