Posts Categorized: Something to make you smile

Just kidding around






Between ourselves, part of the fun of this job is in reading about the inventive and sometimes hilarious schemes people dream up to circumvent planning legislation. Here’s one you’ll like.

This case (DCS Number 400-015-641) involves an appeal against an enforcement notice requiring the removal of a goat shelter built on skids from agricultural land in Devon. The appellant contended that the shelter was a mobile field shelter that contravened no planning legislation. The planning authority, on the other hand, considered that the timber building constituted a building operation and was development within the meaning of s55 of the Act, and referred to the tests to establish whether a structure is a building on the basis of its size, permanence and attachment to the land (Barvis Ltd v SSE [1971] and Skerritts of Nottingham Ltd v SSETR [2000]).

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Downside up






In an appeal case which is likely to turn the planning world on its head (DCS Number 400-015-553) an inspector awarded costs against a council in Cheshire, determining that it had not substantiated why the “so called upward overlooking” from the porch/shelter at a proposed dwelling would actually result in occupiers being able to look directly into the first floor rooms of the neighbouring house.

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Monotheism






We all know that we should avoid the deification of money but every now and then we might need a reminder. So was it due to divine intervention that a halo illuminated sign on a commercial building opposite Bristol cathedral was recently turned down at appeal (DCS Number 400-014-940)? God only knows, but the inspector considered that the overall size, height and illumination of the sign was such that it would detract from the imposing presence of the medieval cathedral. The appellant referred to commercial reasons for seeking the signage, which would comprise bronze coloured anodised aluminium letters with halo lighting designed to create a glow effect. The inspector countered that this was not a matter which she was able to take into account (heaven forfend!) as it did not relate to amenity or public safety.

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It takes all sorts






An appellant seeking outline permission for a dwelling adjacent to a sweet factory in west Yorkshire (DCS Number 400-014-654) has enjoyed the taste of success.

An odour assessment undertaken by the appellant reported that barely detectable “delightful” scents were experienced within the site boundary. The factory and the council disputed the findings of the report, however, the factory saying that the odour could be a lot stronger than reported and that strong smells were noticed throughout the town.

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Anschluss






You would think, after two world wars, that they might have learned that attempts at annexation never end well. But no, they’ve been at it again. We are nonetheless very pleased to report that a gallant inspector has single-handedly foiled a German plot to annexe part of London’s Belgravia (DCS Number 400-014-581).

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A horse of a different colour






Taken from a recent appeal decision (DCS Number 400-014-301):

“At paragraph 10 of the Council’s appeal statement it refers to the “Gelding judgement” [sic]; this has not been queried by the Appellant. However I anticipate that the Council does not wish me to form a sensible opinion about a castrated male horse, but that it is in fact referring to the case of Timmins & Anor v Gedling Borough Council [2014] EWHC 654 (Admin) [my emphasis].”

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Back to the future






Just as we were thinking that telegraph poles were all but redundant along comes an inspector allowing a high tech version.

In (DCS Number 400-013-384) a consortium of telecommunications operators proposed a 10 metre high replica telegraph pole in southeast London. The inspector was aware that there had been a previous application for a 12.5 metre high monopole on the site. He observed that that scheme would have been significantly more prominent due to its greater height and the bulbous nature of the antenna shroud. In re-designing the proposal to a single diameter replica telegraph pole of lesser height he considered that the appellant had shown a readiness to compromise, notwithstanding the fact that the 10-metre scheme would be on the margins of acceptability in terms of the network coverage it would provide.

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Deep breath…






A footnote from an inspector’s decision relating to an appeal in Dartmoor (DCS Number 400-013-053) raised a smile here on the DCP Blog –

“The development plan for this area includes (I take a metaphorical deep breath here): the Dartmoor National Park Authority Local Development Framework Core Strategy Development Plan Document 2006-2026 (June 2008), and the Dartmoor National Park Authority Development Management and Delivery Development Plan Document (July 2013).”

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