Posts Categorized: Current thinking

Closed for the season






Readers working in holiday areas might be interested in an appeal by a holiday caravan site on the Kent coast, in which they sought the reduction of their closed period from two months to two weeks (DCS Number 400-015-300). Planning authorities will often resist such proposals on the grounds that the use becomes tantamount to residential occupation. Whilst the inspector in this case rejected that argument he nevertheless dismissed the appeal on the novel grounds that permanent local residents ought to be allowed some peace and quiet during the winter months.

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Scary stuff






As we know, powers under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 may be exercised only in the interests of amenity and public safety.

In the old days, when we were safe and life was simple, public safety considerations nearly always related to whether an advertisement would prove to be a distraction to motorists. Following recent violent incidents in London and elsewhere it seems that we live in a different world now.

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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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