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.
Posts Categorized: Cut-out-and-keep
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).
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.
The issue of scale was again given consideration in relation to an application for modifications to a proposal for the conversion of a building in Hertfordshire to a dwelling (DCS Number 400-011-865).
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).
Readers might wish to be alerted to a recent appeal decision in which the inspector declined to remove an ancillary occupation condition on the basis that it would change the nature of the development (DCS Number 400-011-802).
A cemetery company in Kent has succeeded in gaining a lawful development certificate confirming that foundation trenches have implemented a planning permission for a chapel and maintenance building, despite their being dug in the wrong place (DCS Number 400-011-499).