Posts Categorized: Cut-out-and-keep

Expediency






Readers dealing with enforcement matters will know that it is a matter of judgement for a local authority as to whether or not it is expedient to take enforcement action against a breach of planning legislation; the funds to pursue such action are, of course, drawn from the public purse.

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Rave on






Whilst we are on the subject of definitions, here is an appeal case in which the inspector considers the definition of a nightclub (DCS Number 400-013-247).

Planning permission had been granted for the use of edge-of-centre premises in west Yorkshire as an internet lounge and sandwich bar. An enforcement notice alleged an unauthorised material change of use to uses including a nightclub and shisha lounge.

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Q Is horticulture agriculture?






A It depends.

Readers working in the rural area will be aware that agriculture, as defined in s336 of the Town and Country Planning Act 1990, includes horticulture. Nevertheless, an inspector has issued a certificate of lawfulness for the occupation of an agricultural dwelling in Cornwall in breach of the occupancy condition, finding that the appellant’s occupation as a gardener did not comply with its terms (DCS Number 200-005-591).

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Just not listening






Having awarded costs against a planning authority after finding that its “unreasonableness was compounded by its obduracy when presented with clear and compelling evidence on relevant case law by the appellant” an inspector must have been a little surprised to find that the authority had again refused planning permission for a similar development for the same reason.

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September song






Oh, it’s a long, long time

from May to December,

but the days grow short

when you reach September.

Ol’ Blue Eyes’ song about autumn years, poignant though it is, is sadly lacking in insight into the planning definition of a season. Luckily, an inspector dealing with an appeal against the refusal of a certificate of lawfulness for a proposed mobile home at a farm in Essex has been able to contribute (DCS Number 400-012-662).

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