Posts Categorized: Cut-out-and-keep

Standard conditions for wind turbines

It can sometimes be difficult for the non-techie amongst us to draft or suggest conditions suitable for dealing with techie matters.

In (DCS Number 400-010-475) it was the potential impact of a wind turbine on broadband reception that was at issue. The proposal concerned a farm turbine in Carmarthenshire. Grants had been provided by the Welsh Government and the council to support the take-up of a broadband service provided by a private company.  The company raised concerns that the proposal would impact on their ability to deliver the service and could impact on communications links that provide a community Wi-Fi service in the area. In the absence of conclusive evidence on the matter the inspector decided that the best answer would be to attach a condition to the permission, reasoning that broadband speed tests are widely available and concerned individual customers should be able to demonstrate that problems had arisen as a result of the construction of the turbine. Accordingly, the following condition was imposed, modelled on a condition used in Norfolk.

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Equality of arms

We know that residents who wish to oppose a development in their local area can find the prospect of presenting their case at a hearing or inquiry intimidating. An inspector dealing with a proposal for a mixed use scheme in Kent (DCS Number 200-004-624) has usefully explained the extent to which an inspector is able to assist unrepresented parties as follows:

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Where there’s a will…..

Here is an inspector using a pragmatic approach to dealing with the limitations of the prior approval procedure.

An application was made under Schedule 2, Part 3, Class O of the GPDO for the change of use of a property in southwest London from office use to a dwellinghouse but was refused by the council on the grounds of its impact in relation to transport and highways (DCS Number 400-010-764). The council would have granted the proposal if there was a mechanism in place whereby the occupiers of the building would be prevented from obtaining a residents’ parking permit but in the absence of any such mechanism, it had refused the application due to the unacceptable impacts on parking. A residents’ parking scheme was in place and the council was concerned that additional eligibility for residents’ parking would be unacceptable due to the levels of demand exceeding supply in the area.

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‘A dual-pitched roof’ means one dual-pitched roof, not two dual-pitched roofs

A householder in Buckinghamshire failed to convince an inspector that a curtilage swimming pool building would be permitted development, the inspector ruling that ‘a dual-pitched roof’ excludes buildings with two dual-pitched roofs (DCS Number 400-010-392).

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Some practice points

In granting permission for a crematorium in a Lakeland area of outstanding natural beauty (DCS Number 200-004-572) an inspector referred to the requirements of the Cremation Act 1902. This Act advises that sites should be at least 200 yards from any dwelling unless the owner, lessee or occupier has given their consent in writing, and at least 50 yards from a public highway. He reasoned that whilst this would not necessarily preclude urban sites there would seem to be support for the contention that crematoria should be situated within rural locations and in all likelihood within the open countryside.

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Beds in sheds – positive deception or passive omission

An enforcement notice directed at the residential use of a blockwork building to the rear of a terrace house in north London was quashed, an inspector finding that it had acquired immunity after having been in use as a dwelling for four years (DCS Number 200-004-558). He noted that deliberate concealment of a breach of planning control enables enforcement action to be taken after the expiry of the prescribed periods (Welwyn Hatfield BC v SSCLG & Beesley), and the council argued that a number of alleged acts of deception had been undertaken by the appellant. These were the appellant’s failure to pay council tax for the building, the failure to apply for planning permission or building regulation approval, and the retention of the garage door in the rear elevation of the building. The inspector considered, however, that the appellant’s failure to pay council tax and the failure to apply for planning permission or building regulation approval are not uncommon among those who build or extend houses or convert buildings into houses without planning permission. He determined that they were passive acts of omission, rather than a Welwyn type positive deception that would disentitle reliance upon section 171B (1) of the Act. He also took the view that the retention of the garage door was an attempt at keeping a low profile, rather than a positive act of concealment.

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Backland and tandem development: this SPG might be worth a look

The effect in terms of noise for residents at existing properties where tandem and backland development is proposed can be difficult to judge. In a case concerning a proposal for seven to eight dwellings on a backland site in Leicestershire (DCS Number 400-010-162), however, the inspector had the assistance of supplementary planning guidance.  

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