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).
Posts Categorized: Cut-out-and-keep
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’.
Planning authorities’ preference to see bathrooms and kitchens removed from unauthorised dwellings is easily understood; without these facilities it is unlikely that occupation will continue. However, an inspector dealing with an appeal against an enforcement notice directed at the unauthorised use of an outbuilding in the garden of a house in Oxford as a separate dwelling has deleted the requirement to remove its bathroom facilities as it would exceed what was necessary to remedy the breach of planning control (DCS Number 400-011-382).
The following appeal decision provides some welcome clarity in the uncertain world of prior approval applications.
In determining an appeal against the refusal of a prior approval application for a barn conversion in Herefordshire (DCS Number 200-004-967) an inspector decided that the creation of a first floor did not put it beyond the scope of Class Q of the GPDO.
We recognise that we might be going on a bit about the shortcomings of the prior approval regime……but we’re not stopping. Here is another daft outcome.
A planning authority in Yorkshire refused prior approval for a householder extension on the basis that development had already commenced and therefore could not benefit from the prior approval process (DCS Number 400-011-347). At appeal, an inspector recognised that there is no provision in the GPDO for a retrospective application for prior approval. The appellant stated, however, that the existing extension would be demolished. On that basis the inspector decided that the application related to a proposal for a new development and allowed the appeal.
In determining an appeal against the refusal of prior approval for the change of use of the upper two floors over a shop unit in a Surrey town centre from office use to four flats an inspector examined the question of whether the need for external works to implement the change of use disqualified the proposal as permitted development under Class O of Part 3 (DCS Number 400-011-323).
An appeal case concerning the occupation of a bungalow in Nottinghamshire by five adults with learning difficulties and mental health issues throws light on the distinction between C3 and C2 Use Classes (DCS Number 200-004-885).
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.
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:
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.