Posts Categorized: Current thinking

On the ground






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 [2015] 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).

Read more on On the ground…

Stalling for time






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).

Read more on Stalling for time…

Meaning to say






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.

Read more on Meaning to say…

The plan-led system






In deciding an appeal against the refusal of planning permission for seven houses in north London (DCS Number 400-015-723) an inspector has highlighted the primacy of the development plan.

The proposal did not make provision for a contribution towards affordable housing, the developers drawing attention to national planning policy in the Written Ministerial Statement (WMS) of 28 November 2014, which states that “Due to the disproportionate burden of developer contributions on small-scale developers, for sites of 10-units or less… affordable housing and tariff style contributions should not be sought”. The inspector recorded that the WMS, taken together with the related sections of the Planning Practice Guidance are clear and unequivocal statements of national policy, and as a consequence are considerations to which he attached very considerable weight.

Read more on The plan-led system…