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.
Posts Categorized: Cut-out-and-keep
In Vertical Sky Component – an explanation the Blog explained how VSC is calculated. Just as an example, here it is in practice in a recent appeal decision relating to a flat block extension in east London (DCS Number 400-013-364)
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.
The Building Research Establishment’s daylight standards are often quoted but it is easy to forget how they actually work. Here is a handy guide, lifted from an inspector’s decision (DCS Number 400-012-993).
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).
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.
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).
An enforcement notice requiring the demolition of a summerhouse at a property in Lancashire was upheld at appeal (DCS Number 400-012-672), an inspector noting that nothing had changed since an appeal against the refusal of planning permission for its retention had been dismissed in January 2015.
Ejusdem generis might sound like a spell from Harry Potter’s Big Book of Wizardry but in planning it is a term used to describe development which is of the same kind or nature.
An inspector dealing with an appeal against the refusal of an LDC for two incidental outbuildings in the garden of a house in west London has very neatly set out the case law on the subject which may be helpful to cut out and keep (DCS Number 400-011-972).