Posts Categorized: Current thinking

See you in court






A council in Hertfordshire has threatened a legal challenge to Planning Policy Guidance in respect of barn conversions under the GPDO (DCS Number 400-013-437).

The basis of the council’s refusal of prior approval for the residential conversion of the barn was that it would result in a dwelling in an isolated location. An appeal inspector pointed out, however, that Planning Practice Guidance (PPG) confirms, in relation to the Class Q permitted development rights, that

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Value judgments






There has been head-scratching here at the DCP Blog about how to recognise a ‘valued landscape’ (Paragraph 109 of the NPPF). Valued by whom?

In Leckhampton, Cheltenham (DCS Number 200-004-992) the secretary of state agreed with his inspector that the site, whilst not designated, had its own intrinsic charm which gave it value and that it was a locally valued landscape.

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Post Brexit






An appellant whose plans to build a house within 400m of the Thames Basin Heaths Special Protection Area have been thwarted due to the presence of protected birds in the SPA has claimed the country’s impending departure from the European Union in support of the proposal (DCS Number 400-013-119).

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Out of sight, out of mind






Not so long ago the view of inspectors was generally that the impact on openness in the green belt had little to do with whether or not development could be seen. Any physical structure would necessarily reduce openness, it was reasoned. A recent court case appears to have changed things somewhat radically, however.

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