Posts Categorized: Cut-out-and-keep

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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Making a start

Judging the amount of works necessary to constitute the implementation of a planning permission can be difficult, although an inspector dealing with an appeal against the refusal of a certificate of lawfulness for a replacement dwelling in Kent (DCS Number 400-013-504) was ‘mindful that very little is needed to implement a permission for operational development’. This tallies with the inspector’s finding in Cemetery firm digs itself out of a hole.

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Q When is a rooflight not a rooflight?

A When it’s not in a roof

See what you think of this one – we’re not sure what to make of it here. An inspector has denied a lawful development certificate for a rooflight to a basement underneath the garden of a house in central London on the basis that it would not be in the roof and would therefore not constitute permitted development (DCS Number 400-013-551).

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Permitted development rights apply to HMOs

There is sometimes a degree of uncertainty concerning the application of permitted development rights to houses in multiple occupation. Here is an inspector setting the record straight (DCS Number 400-013-332):

“The appeal property is a mid terrace building currently in use as a small House in Multiple Occupation (HMO) for up to 6 people (Class C4). The proposal seeks approval for a single storey rear extension with a flat roof to 6 metres (m) from the original rear wall of the house. The GPDO allows for such extensions to terraced dwellinghouses. However, it is the Council’s assertion that given the current use of the appeal property as a small HMO, it does not benefit from such permitted development rights under the provisions of the GPDO.

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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.

Read more on Expediency…