Posts Categorized: Cut-out-and-keep

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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A spectrum of wrongdoing

In considering an appeal against an enforcement notice directed at the residential conversion of a barn on an Essex farm an inspector was called on to apply the principles of the Welwyn judgment which hold that no-one should be allowed to profit from his own wrong: the public policy principle. Readers might wish to cut out and keep paragraphs 29 to 32 of this decision (DCS Number 200-005-982) since they set out the four features of deception which take development outside the scope of immunity from enforcement, and which might involve ‘a spectrum of wrongdoing’.

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No place like home, no place like home, no place like home….

We have spotted The Wizard of Oz in the telly listings so we feel bound to make a reference to this Christmas TV classic……

It’s worth remembering that whilst Dorothy was pleased to find herself back home in Kansas others might not view former homes in quite the same way. A couple of enforcement notices have been faulted at appeal recently (DCS Numbers 400-013-495 and 400-013-616), the inspectors explaining that an enforcement notice can only require the cessation of the unauthorised use; it cannot require reversion to use as a dwelling.

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