Posts Categorized: Cut-out-and-keep

Comeuppance






Comeuppance – a delightful old word which, according to the Oxford English Dictionary, derives from ‘come up’ in the sense of coming up before a judge or court for judgement.

It seems appropriate to say, then, that an appellant seeking prior approval under Part O of the GPDO for the residential conversion of a building in Essex which had been in unlawful use as a hostel (DCS Number 400-014-790) got their comeuppance when an inspector judged that it was the actual use rather than the lawful use on the relevant date which mattered.

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Cultivating equality






We know that planning inspectors are not heartless people so it must be very difficult for them when they feel compelled to deploy an all-too-familiar piece of text. This runs along the lines of “Whilst I have given these personal circumstances careful consideration, I am mindful of the advice contained in Planning Policy Guidance that in general planning is concerned with land use in the public interest. It is also probable that the proposed development would remain long after the current personal circumstances cease to be material.” [Translation: The building will be there long after your frail parent/disabled child is dead so I’m really sorry but I’m going to have to dismiss this one.]

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A close match?






Readers dealing with domestic extensions will be aware that Condition A.3(a) of Schedule 2, Part 1, Class A of the GPDO requires the materials used in any exterior work to be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse. The Technical Guidance for Householders offers guidance on what this ought to mean in practice but to some extent the meaning of ‘similar appearance’ must be drawn from precedent. On this basis, a recent appeal case in southwest London (DCS Number 400-014-332) is of interest.

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Is there a loophole in Class P?






Prior approval for the conversion of two floors of a warehouse in Sussex to nine flats has been turned down at appeal, an inspector finding that the size of the building would exceed the 500 sqm floor space limitation set out in Schedule 2, Part 3, Class P of the GPDO (DCS Number 400-014-157). Whilst the inspector found that external walls must be included in calculations of floor space under this class there appears, nonetheless, to be an unresolved question arising from the absence of reference to cumulative maximum floor space figures.

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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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