Posts Categorized: Opinion

What difference does it make?






Two recent cases have set the team wondering about the rationale behind the wording of the GPDO.

In (DCS Number 400-010-438) permission for the residential conversion of a building in Devon under Class P, Part 3, Schedule 2 of the GPDO was denied because it had not been used solely for a storage or distribution centre use. The inspector noted that the building was being utilised for storage purposes in connection with the appellant’s own business, for paid storage purposes by others, and for some minor domestic storage. He held that some of those purposes, such as the storage paid for by others, could be said to fall within Use Class B8. However, other purposes were connected to the appellant’s permaculture activities on the wider site. This would not fall under the ambit of Use Class B8, but was storage which was ancillary to the primary use of the site for the purposes of permaculture. The building was therefore being used for a mixture of purposes and the conversion was not one that is permitted by Class P of the 2015 Order.

Read more on What difference does it make?…

The perils of good neighbourliness






An appellant in Middlesex found himself with an unlawful extension after falling foul of the prior application procedure regulations (DCS Number 200-004-604).

The appellant proposed a 6m deep single storey extension to his semi-detached house under the prior application procedure and no objections were received from neighbours. A No Objection response was issued by default once 42 days had elapsed, an inspector recorded, and was therefore permitted development. The appellant then started to build the extension but a neighbour raised a concern about its position in relation to their shared access. Accordingly, the appellant decided to set in part of the side wall of the extension adjacent to the shared drive by some 600mm for a distance of 2.84m from the end elevation. In addition, the internal arrangement was altered, and a window was omitted from the end elevation and was instead inserted into the side elevation facing the shared access. In order to regularize the development the appellant then submitted an application for a certificate of lawful development.

Read more on The perils of good neighbourliness…

This case further illustrates the need for plain English






Outline permission for up to 90 dwellings on the edge of a town in Staffordshire was rejected, the inspector finding that it would have a significant adverse effect on the setting of a conservation area and that this would materially harm the conservation area’s significance (DCS Number 200-004-537). He agreed with both main parties that the resulting effect would amount to less than substantial harm in the terms of the Framework. However, a finding of less than substantial harm, he explained, should not be equated with a less than substantial planning objection.

Read more on This case further illustrates the need for plain English…

A plea for plain English






What does ‘less than substantial harm’ mean to the ordinary man in the street? Not significant harm, maybe. What is indicated if ‘less than substantial harm’ is found to the setting of a heritage asset? That the proposed development is likely to be found acceptable, maybe. No and no.

Read more on A plea for plain English…

A dash of colour






Retrospective listed building consent has been refused for the painting of the exterior of a ground floor Glasgow bar in a burgundy colour (DCS Number 400-009-896). The appellant explained that since taking on the lease in 2012 the business had attracted core regulars but had struggled to attract passing trade, customers having indicated that a common problem was identifying the bar as a separate entity from the hotel above (…and that was before they’d had a drink?! Anyway…). Since the burgundy paint was applied business in the bar had increased by about 30 per cent. The reporter took particular exception to the clash between the burgundy colour and the cream colour of the hotel.

Read more on A dash of colour…

Picking up the community engagement theme






A 45m high wind turbine was allowed in the east Riding of Yorkshire (DCS Number 400-009-878) after an inspector decided that the proposal had community backing. Following the site visit in June 2015 the secretary of state issued a Written Ministerial Statement (WMS) in relation to wind turbines. This indicated that when determining planning applications for wind energy development local planning authorities should only grant planning permission if the site was in an area identified as suitable for wind energy development in a local or neighbourhood plan and it could be demonstrated that the planning impacts identified by affected local communities had been fully addressed and the proposal had their backing. Following consultation, the council received eight letters of objection relating to matters including landscape harm, cumulative impact, noise and shadow flicker. The inspector decided that any landscape harm would be very limited in extent, there was very little potential for other turbines to be seen in conjunction with the appeal proposal, conditions would ensure that noise levels were below recommended limits, and hedgerows and trees would mitigate against any limited potential for shadow flicker. On this basis the inspector decided that whilst the site was not within any area identified as suitable for wind turbine development the planning concerns expressed in the submissions from eight local addresses had been fully addressed. He reasoned that since the WMS stated that whether or not a proposal had the backing of the affected local community was a planning judgement for the local planning authority, by inference that judgement must also be for the inspector on appeal. He concluded that the concerns of a small proportion of the local community had been addressed and the scheme could be seen to have the backing of the local community as a whole in the context of the WMS.

Read more on Picking up the community engagement theme…