How do you tell the difference between a development scheme which has been artificially divided in order to avoid a requirement for affordable housing provision and one which hasn’t? You apply the tripartite test, that’s how.
Posts Categorized: Cut-out-and-keep
Show this one to your stubborn client who refuses to heed your expert advice not to appeal.
An inspector dealing with the proposed residential conversion of a derelict building in north Yorkshire has awarded costs against the appellants, finding that they had acted unreasonably in appealing (DCS Number 400-016-970).
A good way to make sure that you get the green belt balancing exercise right is to imagine that you are using a set of cast iron kitchen scales with imperial weights. Bear with us, this really works. By way of illustration we have emboldened the words of an inspector in a recent appeal case (DCS Number 400-016-936): –
This one will appeal to hoarders.
In dealing with an application for a certificate of lawfulness to confirm that a permitted development extension to a cottage in Yorkshire had been lawfully implemented and could therefore be completed (DCS Number 400-016-702), an inspector explained that in such cases the relevant GPDO is that in force at the time the development was begun. In the case before her the inspector noted that a trench and foundation were dug and installed, respectively, when the Town and Country Planning (General Permitted Development) Order 1995 was in force.
The issue of the planning unit comes up not infrequently, particularly in enforcement cases. As an inspector has recorded and helpfully set out in his decision (DCS Number 400-016-723), the classic definition is found in Burdle v Secretary of State for the Environment . Readers might find it useful to keep this somewhere handy.
In quashing an enforcement notice requiring the removal of a front roof extension at a house in east London (DCS Number 400-016-410) an inspector has considered the definition of a highway.
“He’s in The Guards and only comes down at weekends”. Someone talking about their son, maybe, or a friend? No, the owner of a horse explaining to a planning officer why the animal was stabled in the outbuilding of a Worcestershire pub which lacked the one acre of grazing land demanded by local plan policy. Oh, we could write a book, we really could.
An appellant hoping to obtain a certificate of lawfulness for two proposed outbuildings at a house in Cornwall has failed to persuade an inspector that an Article 4 Direction made in 1969 was no longer of any effect (DCS Number 400-016-266).
In addressing an appellant’s argument that a 2005 planning permission for a residential barn conversion in north Yorkshire authorised the demolition and rebuild of the building, an inspector has taken us back to basics (DCS Number 200-006-732).
Local authorities will know that it is not always easy to get developers to tidy up after they have finished building. Accordingly, here is an appeal decision that might come in handy.