Posts Categorized: Cut-out-and-keep

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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Solar sequential search steer






Those involved in the field of solar energy will be familiar with paragraph 112 of the NPPF which states that “where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.” An inspector dealing with an appeal against the refusal of a solar farm on farmland in Berkshire recognised that an alternative site search report is therefore implicitly required (DCS Number 400-011-885). He acknowledged that there is no detailed guidance on how such a search should be undertaken or, specifically, what area should be covered.

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On the definition of scale and layout






The following case provides useful guidance in respect of the definition of scale and layout in relation to reserved matters applications.

A Somerset council had costs awarded against it at appeal after refusing a reserved matters application on the basis that the mix of houses proposed, in terms of sizes and number of bedrooms, failed to reflect the identified local need within the sub-market housing area or the district as a whole (DCS Number 400-011-800).

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“What is this life if, full of care,






We have no time to stand and stare?”

The well-read readers of this Blog will recognise these lines from ‘Leisure’ by W H Davies. An inspector deciding an appeal relating to a wakeboarding facility in Cambridgeshire seems to have a different understanding of the term ‘leisure’, however, (DCS Number 200-004-995). There was much discussion at the hearing regarding the issue of need for the development, the inspector recorded. This arose from Paragraph 28 of the NPPF which supports: rural leisure developments that benefit businesses, communities and visitors and respect the countryside; and the provision of tourist and visitor facilities where identified needs are not met by existing facilities in rural service centres. Accordingly, the question then arose as to whether the development would constitute a ‘leisure development’ or ‘visitor facility’.

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