A day-by-day digest of new legal and practice developments updating the information contained in DCP. Any comments on the matters highlighted here may be posted on the DCP discussion board. On a weekly basis the following points will be moved to the relevant Editor’s Notes section of DCP. The points will be incorporated into the relevant DCP section the next time that it is updated.

SOS not inconsistent in application of affordable housing mix policy: The High Court has upheld the decision of the SOS to allow a 152 unit housing development on 3.5ha of playing field land  at Filton, near Bristol (DCS No. 100-049-917).  The local authority has sought to overturn the decision because the SOS had allowed a far lower proportion of the affordable housing to be provided as long-term social rented housing than its policy required 77%.  The local authority argued that this was inconsistent with an appeal decision made in respect of a larger housing scheme at a nearby site. The court felt that the latter case was distinguishable, in that it was a large strategic site. The reasons why the SOS allowed one development and refused the other were obvious South Gloucestershire Council v SOS 2/9/2008. This information was posted on 03/08/2008 and updates DCP at (7.336)

Inspectorate annual statistical report issued: The Planning Inspectorate  issued its annual statistical report for 2007-2008 last month. English figures show a marginal increase in the overall number of appeal received of which 35% were allowed as against 34% the previous year. However, 54% of Inquiry cases were allowed. The percentage of appeals determined by written representations held steady at 80%, while hearings increased by 1% to 14% of the total. The document, which also includes performance statistics, may be downloaded from http://www.planning-inspectorate.gov.uk/pins/reports/stats_2008/full_england_report.pdf  This information was posted on 2/9/2008 and updates DCP at (3.151).

Annual DC statistics published: The SOS has issued development control statistics for the year 2007/2008. The figures show a slight increase in the number of planning applications received and decided, and of the latter 82% were allowed.  Enforcement notice service increased by 1% although the number of contravention notices was the lowest since 2004-2005. The statistics may be downloaded from http://www.communities.gov.uk/publications/corporate/statistics/developmentcontrol200708  This information was posted on 1/9/2008 and updates DCP at (3.41).

Barn conversions allowed in flood risk area: The SOS has allowed the conversion of listed barns in Berkshire within a green belt area subject to flood risk from the River Thames (DCS No. 100-057-528). It was concluded that, although the proposal, involving five buildings, was green belt ‘inappropriate’, this was clearly outweighed by the advantages resulting from the preservation of important listed buildings and improvements to their setting. The latter gain would mainly arise from the opening up of an original courtyard, The SOS considered that residential re-use was preferable to commercial and that the overall  benefits also outweighed any risks from introducing new residential accommodation into a flood zone. There would also be benefits to existing residents in the case of a flood. This information was posted on 1/9/2008 and updates DCP at (4.165) and (10.133).

Trees Regulations amended: The Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 have been laid before Parliament and come into force on 1/10/2008. The requirement that an application shall be made to undertake works to a protected tree is brought into the main part of the Regulations, together with provision that such application should be made, electronically or otherwise, on a standard form. The amendments also make alterations to the requirements relating to tree preservation order appeals, including a fast track procedure. The new Regulations may be downloaded from http://www.opsi.gov.uk/si/si2008/pdf/uksi_20082260_en.pdf  This information was posted on 1/9/2008 and updates DCP at (4.3821).

Green belt Gypsy site rejected: The SOS has dismissed a planning appeal relating to a 22 family Gypsy caravan site on 2.ha of land in Essex (DCS No. 100-057-529). It was concluded that there would be green belt harm from the proposal, and there was conflict with the principles of sustainability. These objections were not outweighed by need factors. A temporary permission was considered but rejected. In particular it was reasoned that necessary mitigating landscaping would not become effective during the period of any temporary permission. This information was posted on 1/9/2008 and updates DCP at (24.534).

Lack of takeaway ducting supported: The Scottish Court of Session has upheld a reporter’s decision relating to a hot food takeaway in Glasgow (DCS No. 100-050-070). An extant permission allowed the use conditional upon an external duct to be installed in a back court area. The applicant was unable to comply due to neighbours being unwilling to sanction the flue against the walls of their properties. A further application incorporating an alternative low-level charcoal filter system was refused by the City Council and an appeal was subsequently dismissed on grounds of harm to residential amenity. The court rejected claims that the principle of the use had been established and stated that without the external duct there was no permission. The council and the reporter had been right to consider the environmental effect of the use on neighbouring properties, and this was a matter of planning judgement with which the court could not intervene. Although council officers had been willing to consider including the premises in a pilot project to test the effectiveness of non-duct systems and had recommended temporary approval for one year, the eventual member refusal was a ‘risk of a democratic planning system’. There was no basis that the reporter could have overturned the committee’s decision because of the expressions of views by planning officials or the councillors that had supported the proposal. A claim that the appellant has been racially discriminated against was also rejected by the Court of Session Barhaya v Scottish Executive Department Inquiry Reporters Unit 12/8/2008. This information was posted on 29/8/2008 and updates DCP at (16.243).

Power station permission: The Department of Business Enterprise and Regulatory Reform has allowed a combined heat and power station at Seal Sands, Teesside.  Planning permission for the 1,020MW gas-fired station is thereby deemed to have been granted in accord with conditions agreed with Stockton-upon-Tees Borough Council. This information was posted on 29/8/2008 and updates DCP at (26.435).

Employment land released for housing: The SOS has allowed a 500 unit housing development on the site of cold stores in Kent . The 7.7ha site was located on the edge of a settlement and identified for business purposes in the development plan. The SOS felt that the site was reaching the end of its useful commercial life and noted that the scheme also included 4,500sqm of high quality commercial floorspace.  Although the achievement of a five-year supply of housing land was likely the proposal would not undermine national policy objectives and would provide a significant amount of affordable housing.  It was noted that the density proposed was relatively high and some of the buildings would be taller than others in the locality at three or four storeys. However, the SOS was satisfied that the outline design was of high quality and would not be unduly cramped. The site was felt to be in a sustainable and accessible location and although the development had a bias towards small units and flats there was no evidence to suggest that the development would result in an unbalanced community.  This information was posted on 27/8/2008 and updates DCP at (7.1343).

PPS3 fifteen unit affordable threshold supported at appeal: In a decision letter concerning a 23 unit housing development in Derbyshire an inspector has ruled that any affordable housing requirement should start from the PPS3 threshold of 15 dwellings, rather than the local development plan threshold of 40 dwellings. It was stated that, although the relative local policy had been saved, circumstances had changed dramatically since its adoption. The inspector noted that the appellant had failed to engage in any meaningful negotiation on the need for affordable housing on this site. The development was refused on the basis of harm to the character of the area and failure to provide an element of affordable housing. NB. This issue was raised in the Development Control Casebook Forum feature dated  2/5/2008. This information was posted on 27/8/2008 and updates DCP at (7.333).

Bats at risk from turbines: A Canadian study has found that bats are at risk from wind turbines. It was found that bats could not detect the sudden loss of air pressure around blades and that this could result in internal injuries from which many had died. This information was posted on 27/8/2008 and updates DCP at (26.532).

Petition had not been properly reported to Committee: The Scottish Public Services Ombudsman has partially upheld complaints about the handling of planning applications relating to a new school and housing in the area of Stirling Council.  The contentious PPP proposal was on green belt land but the council had determined that the benefits of the scheme were overriding. The Ombudsman noted that the Committee papers did not refer directly to a petition signed by more than 1,000 objectors. It was recommended that the council ensured that they made the scale of such objections very clear in future reports, including differentiating between individual correspondence and petitions. A claim that an EIA had not been carried out was stated not to be within the competence of the Ombudsman as it was a matter of legal interpretation  Case 200501923 Stirling Council 20/8/2008. This information was posted on 27/8/2008 and updates DCP at (3.93) and (5.2231).

High building allowed on London’s South Bank: The SOS has allowed a mixed use scheme on 0.2453 ha of land in the South Bank area of London against the advice of her inspector (DCS 100-057-449). The proposal, for non-profit making Coin Street Community Builders, embodied a controversial 43 storey residential tower. The SOS concluded that the effect of the proposal on ‘heritage assets’ and views of and across London had been carefully considered. Any such harm was outweighed by the considerable community benefit of the scheme which included a sports centre and swimming pool complex. This information was posted on 22/8/2008 and updates DCP at (4.133).

Portal progress: In a letter to users the Planning Portal has announced that 25% of planning applications are now conducted on-line. It urges the further take-up of the service which “eliminates the need for multiple copies, saves valuable time, greatly reduces your operating costs and helps LPAs process your application(s) more efficiently”. This information was posted on 20/8/2008 and updates DCP at (5.142).

More wind farms approved: The SOS for Business Enterprise and Regulatory Reform  has allowed proposals for two new wind farms – one off-shore and one on-shore. The largest, at Sheringham Shoal off the Norfolk coast, is to have 108 turbines. The onshore site, at Middlemoor, near Alnwick, Northumberland, will consist of 18 turbines. Both approvals bear conditions requiring technical solutions to be found to possible impacts on nearby Ministry of Defence radar facilities. This information was posted on 19/8/2008 and updates DCP at (26.532).

Garden grabbing article: The Observer (17/8/2008) has carried a long  article on the ‘Battle of the Back Gardens‘ citing two current disputes occurring in Richmond-upon- Thames and Clayton-le-Woods Lancashire.  The piece, by Ned Temko, gives the issue a national political dimension and may be downloaded from http://www.guardian.co.uk/politics/2008/aug/17/planning.property This information was posted on 19/8/2008 and updates DCP at (8.1336).

Heritage Bill criticised: The draft Heritage Protection Bill, published in April 2008, has been sharply criticised by the Culture, Media and Sport committee  undertaking its pre-legislative scrutiny. One particular complaint concerned the incomplete nature of the Bill which had omitted details of clauses relating to the control of development in conservation areas, the protection of buildings of local interest and the grant and loan making powers of English Heritage and local authorities. The committee felt that it was ‘deeply disappointing’ that the effectiveness of its scrutiny was undermined by the Bill’s lack of completeness. The Committee noted that it saw little evidence that DCLG has had any involvement with the draft Bill so far, and closer co-operation was urged, in particular leading to the necessary simultaneous review of PPG 15 and PPG 16. Another concern expressed was over implementation particularly in terms of the human resources required in terms of conservation officers. The committee also felt that there had been no consideration of the effectiveness of present enforcement powers for heritage protection. This information was posted on 15/8/2008 and updates DCP at (4.372) and (4.373).    

SOS applies sustainable homes code condition: The SOS has allowed an appeal relating to 248 houses on a greenfield site in Northamptonshire (DCS No. 100-057-189). It was found that the 8.2ha development would assist in reducing a five year housing supply shortfall in the Borough. It was in accord with the development plan overall and being close to a town centre would help support and expand local services. A condition was applied requiring that dwellings completed before 2012 shall reach level 3 of the Code for Sustainable Homes, rising to levels 4 and 6 in stages beyond that.date. In addition it was stipulated that at least 10% of the energy needs of the new development was to be secured from decentralised and renewable low- carbon energy sources. This information was posted on 13/8/2008 and updates DCP at (4.1114).

Approval of housing scheme to await new application: The SOS has refused to allow a new neighbourhood development of up to 1000 housing units on the site of the former Queen Elizabeth II Barracks in Church Crookham, Hampshire (DCS No. 100-056-753). Two other associated appeals were conjoined. It was considered that the proposal was on previously developed land in a sustainable location and would bring undoubted housing benefits to the area. However, an inspector had recommended that a split decision be made excluding an area of land outside the settlement boundary. The SOS agreed that only some form of informal open space on this land was appropriate, in order to defend a local gap. To allow housing here would be a serious departure from the plan and the SOS was not sure this could be resolved by a split decision as substantial amendments to the scheme as a whole and associated planning obligations would be necessary. It was concluded that  refusal of the present appeals and the submission of a fresh application was the way forward. This information was posted on 12/8/2008 and updates DCP at (7.133) and (4.2542).

Extra storey on permitted flat block rejected: The SOS has issued a split decision in respected of revisions to a 570 unit housing development on the former Wimbledon FC ground in South London.  The revisions comprised 14 additional open market flats comprising a extra floor on top of one five storey block, and three additional affordable flats converted from a void on the ground floor of another block.  It was concluded that the extra storey would not conform with the relevant UDP design policies nor with national guidance  relating to design in PPS1/PPS3. In addition the proposal did not comply with the provisions of the London Plan in respect of the proportion of affordable housing. Only the three affordable units were allowed. This information was posted on 12/8/2008 and updates DCP at (8.435).

Affordable shops mooted by London Mayor: The Mayor of London has announced ideas to require developers to provide affordable shops in new retail developments, although it is unclear by what means such a policy would be implemented. This information was posted on 12/8/2008 and updates DCP at (13.33).

Consultation results for new PPS4:  The Government has published the results of its December 2007 consultation exercise in respect of PPS4 to be called Planning for Sustainable Economic Development. The new document will replace dated PPG4 relating to Industrial and Commercial Development and Small Firms. The responses included strong support (77%) for a less prescriptive approach to non-residential car parking, and 70% agreed that employment sites should not be retained as such if there was no reasonable prospect of them coming forward within a plan period.  The document may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/summaryresponsespps4  This information was posted on 12/8/2008 and updates DCP at (19.131) and (14.1311).

Challenge to Regent Street scheme rejected: The High Court has rejected an application for judicial review of Westminster City Council’s permission for the Crown Estate’s hotel and mixed use regeneration of part of London’s Regent Street. It was claimed that the decision to allow the demolition of parts of the listed Regent Palace Hotel and Café Royal was unlawful, but the court held that there were no grounds for the proposed proceedings. To allow a lawsuit to continue would be “an abuse of the process of the court”. It was also accepted that the applicant, previously branded a “vexatious litigant”, did not have sufficient interest in the site. This information was posted on 12/8/2008 and updates DCP at (27.111).

Redevelopment of Smithfield buildings rejected: After call-in the SOS has refused permission for the redevelopment/refurbishment of buildings for B1 and A1-A5 uses in the Smithfield Market area of London.  The 1.24 site lay within a conservation area and the scheme affected listed buildings. The SOS noted that the scheme  was ‘borderline viable’ and observed that there was a presumption in favour of retaining the buildings as harm would be caused to the character and appearance of the conservation area and the setting of listed buildings. It was concluded that there were no material considerations that outweighed  this harm. This information was posted on 8/8/2008 and updates DCP at (27.131).

EIA Regulations for ROMP cases: New regulations governing the making of Environmental Impact Assessments in relation to review of old minerals permissions (ROMP) have now been laid and come into force on 1 September 2008 slightly later than previously announced. The document The Town and Country Planning (Environmental Impact Assessment)(Amendment)(England) Regulations 2008 may be downloaded from http://www.opsi.gov.uk/si/si2008/uksi_20082093_en_1  
This information was posted on 23/8/2008 and updates DCP at (25.115).

Latest English appeals statistics: The Planning Inspectorate has issued its authority by authority quarterly return for planning appeals dealt with in the period April – June 2008. The data shows that currently 33% of appeals are allowed and 67% dismissed. The figures may be viewed at http://www.planning-inspectorate.gov.uk/pins/appeals/planning_appeals/verification_table/verification_index.htm  . This information was posted on 7/8/2008 and updates DCP at (3.151) .

Injunction against travellers entering woodland: The Court of Appeal has allowed DEFRA a possession order in respect of Forestry Commission woodland in Dorset which it was feared travellers would move into. This would prevent the travellers entering or occupying the area.  An injunction had already been granted in respect of a wood where the travellers were currently ensconced, but  the judge then refused to extend its effect to a wider area.. The Court of Appeal held that there was a real danger of trespass and the Government was entitled to the deterrent effect that an injunction would have. Claims that the grant of an injunction would be disproportionate and have the undesirable effect of criminalising the travellers were rejected SOS for the Environment etc v Meier & Others 1/8/2008. This information was posted on 7/8/2008 and updates DCP at (24.55).

Valuing obligations update study issued: The SOS has issued an Update Study for 2005-2006 relating to Valuing Planning Obligations. Figures show that 6.4% of permissions issued in this period had associated agreements, and that these had a total value of about £4bn. This was an increase of 57% on the figure for 2003-2004.  The document may be downloaded from  http://www.communities.gov.uk/publications/planningandbuilding/obligationsupdatestudy This information was posted on 6/8/2008 and updates DCP at (4.62).

Major transport infrastructure funding consultation: The Department for Transport has issued a consultation document relating to the funding of transport infrastructure for major developments. The questions of who should fund improved surface connections and how best to come to a timely agreement between parties are amongst those covered. The document may be downloaded from http://www.dft.gov.uk/consultations/open/fundingtransportinfrastructure/  This information was posted on 6/8/2008 and updates DCP at (4.62).

More detail on CIL: The SOS has issued more details about the Community Infrastructure Levy (CIL), the enabling Regulations for which are expected to come into force in the Spring of 2009. Thereafter, those LPAs opting to become ‘charging authorities’ will have to go through the formal process of preparing individual  CIL charging schedules.  The document indicates that the role of existing sec.106 agreements within the new system is still under consideration. The document may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/communityinfrastructurelevy This information was posted on 6/8/2008 and updates DCP at (4.62).

Arena scheme rejected in Croydon: The SOS has rejected a called-in application for a 5ha arena based mixed-use development by East Croydon station, South London. It was concluded that overall the proposal was not in accord with the development plan, and there was concern about the viability of the present project. The retail element proposed was in conflict with PPS6 but would help towards that viability. Although short of development plan policy requirements and lacking ‘pleasant green space’, the affordable housing to be provided was felt to be acceptable given the regeneration benefits of the scheme as a whole. However, the SOS observed that the proposal had substantial deficiencies in terms of transport and highways policies, particular in respect of traffic congestion and achieving the necessary improvements to East Croydon railway station and the local highway networks.  It was concluded that, although amendments to the project had been submitted to overcome objections, these were not sufficiently advanced to secure confidence that a scheme of appropriately high quality would be produced. This information was posted on 1/8/2008 and updates DCP at (17.73) and (4.151).

 More money for Welsh planning delivery: The Welsh Assembly Government has allocated further money to secure the delivery of the planning service in Wales. Some of the £250,000 funding will go the local authorities dealing with large scale wind farm applications. Training for LPA members, the development of the Planning Portal in Wales and planning student bursaries are also included in the package. This information was posted on 1/8/2008 and updates DCP at (26.532) and (5.142).

Response to Competition Commission report: The Government has issued its response to the Competition Commission’s report on UK grocery retailing.  It states that action is needed to improve competition in local markets and relationships between retailers and their suppliers, and promises to restrict land agreements that will prevent entry by competitors. If the CC cannot obtain voluntary agreement, an independent Ombudsman will be established to oversee a strengthened Groceries Supply Code of Practice. The Commission’s recommended competition test for new retail planning applications is reserved for further Government ’reflection’ until the outcome of the consultation on revisions to town centre planning policy, and the legal challenge to the test launched  by Tesco on 30/6/2008. This information was posted on 31/7/2008 and updates DCP at (13.131).

New SPP3: A new version of Scottish Planning Policy 3 (SPP 3) has been published. The document sets out the Scottish Government's policy on the identification of housing requirements, the provision of land for housing and the delivery of homes through the planning system.  It may be downloaded from http://www.scotland.gov.uk/Publications/2008/07/25092557/0  This information was posted on 31/7/2008 and updates DCP at (7.131).

Quarrying case for Court of Appeal: The Court of Appeal has given the SOS leave to challenge a High Court judgment quashing an appeal decision (DCS No. 100-050-454) relating to limestone associated quarrying operations in the Peak District. It was held that the SOS had a reasonable prospect of success. The case related to alleged breach of a1952 permission Bleaklow Industries Ltd SOS 28/7/2008..This information was posted on 29/7/2008 and updates DCP at (25.15).

Nightclub noise not did not prevent neighbouring housing: A bid from a neighbouring night club owner to prevent an office and residential scheme in the West End of London has failed. It was claimed that future residents would be subject to unacceptable noise levels from the club which would generate noise-nuisance complaints. It was ruled that the configuration of uses allowed by Westminster City Council was lawful, but that a sec.106 agreement should require that the windows affected should be non-opening R (on the application of O’Dwyer) v City of Westminster 25/7/2008. This information was posted on 29/7/2008 and updates DCP at (4.1616).

Greenfield housing allowed: The SOS has allowed a Gloucestershire housing scheme despite the site falling outside a local plan development boundary and being located on Grade 2 and 3a agricultural land. The 450 unit development for Taylor Wimpey was felt to assist in remedying a severe 5 year shortfall in housing land and this weighed significantly in its favour. There would be no risk of flooding provided an appropriate SuDS was put in place and reliably maintained during the life of the development. This information was posted on 29/7/2008 and updates DCP at (7.1322) and (4.145).

GDPO changes heralded: The Planning Portal has published a guide to the Government’s proposed amendments to householder permitted development, although the details of the new Regulations which are required to implement the likely reforms are not expected to be published until October this year. The guide may be viewed at  http://www.planningportal.gov.uk/england/genpub/en/1115315495577.html This information was posted on 25/7/2008 and updates DCP at (4.341).

Report of Taylor rural review: The rural review carried out for the Government by Matthew Taylor MP includes recommendations having relevance to the development control system. It asks for more flexible planning rules to be applied to encourage village businesses to stay put when they start to grow, and to allow work-based extensions to homes. The document also urges a trial in a selected national park of measures to prevent the conversion of full-time homes into second homes. The review also criticises unpredictable appeal outcomes and recommends making inspector’s handbooks available and a reform of internal systems to make possible cross-referencing to similar cases determined by other inspectors. In addition the Advisory Body on Standards should be asked to ensure that inspectors are kept up to date with policy and practice. The government is also urged to clarify the flexibility inherent in its PPS3 15 dwelling minimum threshold for affordable housing and to revise the fee structure to finance the potential cost of negotiating section 106 agreements. The document Living Working Countryside: the Taylor Review of Rural Economy and Affordable Housing may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/livingworkingcountryside This information was posted on 25/7/2008 and updates DCP at (3.1131).

Development of central London railway land allowed: The SOS has granted permission for a large mixed use development on 1.1ha of former railway land near King’s Cross and St Pancras stations in London (DCS 100-056-747). It was concluded that the development was in accord with the development plan ’when looked at as a whole’, and that there were no material considerations of sufficient importance to warrant a contrary decision. There would be a welcome potential addition to London’s housing stock, including 34% affordable housing. In terms of the latter, the mix in favour of intermediate rather than social rented accommodation was appropriate in the circumstances of the case. The proposed cascade mechanism represented a realistic and sensible approach, given the uncertainties involved at the planning stage. This information was posted on 24/7/2008 and updates DCP at (7.335).

New guidance on reviews of old minerals permissions: The SOS has issued new guidance entitled Environmental Impact Assessment and Reviews of  Minerals Planning Permissions. It explains the scope and intended effect of the Town and Country Planning( Environmental Impact Assessment)(Mineral Permissions and Amendment)(England) Regulations 2008. These Regulations, which came into force on 22/7/2008, apply EIA to stalled reviews of minerals planning permissions and make additional provisions applying to all reviews of mineral planning permissions. The document may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/mineralpermissionsguidance   This information was posted on 23/7/2008 and updates DCP at (25.1122).

Second challenge to Redcar development fails: The High Court has quashed a local resident’s challenge to a development in Redcar on the basis that the council should have designated the site as a town or village green. At the beginning of June the Court of Appeal had rejected a claim by the same individual that there was political bias in the local authority’s decision to allow the 240 unit housing and leisure development.  The present ruling rejected the argument that the former golf course land had also been in recreational use by the community for many years. Locals had paid ‘overwhelming deference’ to golfers over many years R (on the application of Lewis) v Redcar and Cleveland BC 18/7/2008.This information was posted on 23/7/2008 and updates DCP at (4.1442).

Large Scottish wind farm approved: Scottish Ministers have granted consent for a 152 turbine wind farm at Abington, South Lanarkshire. The development, on either side of the M74 motorway, is set to become Europe’s largest installation. It was considered that the impact of the Airtricity development upon landscape, ecological and heritage factors could be mitigated by conditions. The wind farm would make a major contribution to renewable energy and the reduction of CO2 emissions. This information was posted on 22/7/2008 and updates DCP at (26.532).

Plastic windows enforcement upheld: The High Court has rejected an application for a full hearing into an enforcement appeal decision related to non-compliance with a condition requiring the installation of wooden windows. The development consisted of alterations to a house in a conservation area near Sunderland where the householder had installed uPVC windows. The inspector had reasoned that the alternative windows installed were visually harmful and the judge ruled that there was nothing irrational about this decision Parkinson v South Tyneside BC 18/7/2008. This information was posted on 21/7/2008 and updates DCP at (12.4322) and (12.434).

Wind turbine decision upheld: The High Court has rejected a challenge to a wind-farm decision based on the argument that the area did not have sufficient wind to justify the landscape harm. The development consisted of 7 turbines in an area of Buckinghamshire. It was ruled that the reasons given by the council in grating permission made if clear that the planning committee took the view that there was no detrimental impact on the landscape. This conclusion meant that the wind speed data would not have made any difference. The applicant would not have pursued the development unless satisfied that it would provide value for money and be economically viable Finn-Kelcey v Milton Keynes Council 18/7/2008. This information was posted on 21/7/2008 and updates DCP at (26.532) and (4.1132).

Council’s performance was fair: The Audit Commission has issued a report on the planning service of Bassetlaw DC in Nottinghamshire.  After an inspection in 2005 the authority’s performance was found to be ‘fair’ with uncertain prospects for improvement. Following this an action plan was put into place to improve performance over a three year period and the authority was re-inspected. It has now been concluded that overall the planning service delivered was still ‘fair’ but that there were ‘promising’ prospects for improvement. Specific criticisms of the development control service included a high percentage of appeal decisions overturning refusals of planning permission, and the lack of an effective enforcement function. The report may be downloaded from http://www.audit-commission.gov.uk/reports/BVIR.asp?CategoryID=&ProdID=94904DAF-4FE6-40c3-B5AD-2E8059BC4143&fromREPORTSANDDATA=BVIR   This information was posted on 18/7/2008 and updates DCP at (3.4).

Maladministration found for publication of sensitive information: The Ombudsman has found maladministration in a case where personal and sensitive information about traveller families and their children had been published in a development control committee report and on a council’s  website  The information included medical details, the names and ages of all the children living on the site, and the children’s educational needs. The Ombudsman stated that “My view is that the Council could have chosen to report the information to Councillors in anonymised and summarised form, or it could have treated it as exempt information and placed it in Part 2 of the meeting [from which the press and the public are excluded], in order to prevent the widespread circulation and disclosure of detailed sensitive medical and educational information.”  The report may be downloaded from http://www.lgo.org.uk/news/docs/245-06A16993.doc Complaints 06/A/16993, 06/A/16997 and 06/A/17360 Basildon DC 9/7/2008. This information was posted on 18/7/2008 and updates DCP at (5.223).

Member Review Bodies dropped: The controversial plan for Local Member Review Bodies to determine some appeals is to be dropped from the Planning Bill at its Committee stage in the Lords next October. In an announcement in the House of Lords on July15 planning minister Baroness Andrews stated that, while the proposal would have brought some benefit, it risked distracting local authorities, particular at a time when there was an urgent need for them to focus on strategic plans and issues. This information was posted on 18/7/2008 and updates DCP at (5.3).

Horses on land did not require planning permission: A High Court challenge to an inspector’s decision to uphold an enforcement notice relating to the mixed use of a field for agriculture and the keeping of horses has failed. In the appeal decision (DCS No. 100-853-840) it was reasoned, in accord with the Sykes judgment,  that a horse and pony were merely grazing on land and this was no breach of planning control despite the presence of mobile shelters. The inspector noted that sheep also grazed the 1.5ha field and 90% of the animal’s feed was derived from the land itself. It was ruled that the case boiled down to a matter of fact and no point of law was raised. The court could not interfere with the inspector’s decision on those facts Harrogate BC v SOS 16/7/2008. This information was posted on 17/7/2008 and updates DCP at (23.2111) and (4.3441).

Glyndebourne wind turbine decision: The controversial proposal to build a 70m overall height wind turbine within 400m at Glyndebourne Opera House has been allowed after call-in (DCS No. 100-056-479). Objections to the scheme, designed to generate most of the electricity required by the opera complex, was centred on harm to the Sussex Downs AONB. The SOS concluded that the turbine made a contribution to renewable energy targets In close proximity to the proposed turbine there would be no adverse landscape or visual impact and the wider landscape was capable of successfully carrying the turbine . This information was posted on 16/7/2008 and updates DCP at (3.14) and (26.532).

SPA harm decision upheld: The High Court has supported an inspector’s decision (DCS No. 100-050-354) to refuse a flatted development in Berkshire because of its significant adverse effects on the integrity of the Thames Basin Heaths SPA. It was ruled that the inspector had not erred as his reasons for rejecting the appeal were ‘readily intelligible and wholly reasonable” Millgate Developments Ltd v SOS 14/7/2007. This information was posted on 16/7/2008 and updates DCP at (4.169).

Dog keeping appeal decision upheld: The High Court has refused to quash an inspector’s decision granting permission for the continued non-commercial keeping of 19 huskies at a suburban house. The appeal arose from an enforcement notice requiring that no more than seven dogs should be kept on the premises. The inspector reasoned that there had been a material change of use of the premises, but felt that subject to controlling conditions, including a personal tie, there would be no materially adverse effect on the living conditions of nearby residents. The council claimed that the inspector’s conditions were ‘woefully inadequate’ as they allowed the replacement of up to seven dogs when they died and the keeping of an unlimited number of puppies born on site for a period of three months. The judge agreed with the SOS’s argument that the conditions were a ‘coherent and workable set of controls, and ruled that the council’s case was flawed St Edmundsbury BC v SOS 11/7/2008. This information was posted on 15/7/2008 and updates DCP at (23.112) and (23.14).

Green belt land released for housing: The SOS has allowed three recovered appeals considered conjointly. All three cases related to adjacent estate housing developments  which were proposed on land to the edge of Cheltenham. The SOS noted that although the land was in a green belt area there was a significant shortfall in housing supply. The site was suitable for residential development being sustainable, deliverable and sequentially preferable. There would be a further gain from the provision of 111 affordable homes and the provision of sporting facilities. It was concluded that there were very special circumstances outweighing green belt inappropriateness. This information was posted on 15/7/2008 and updates DCP at (7.1331) and (4.2513).

High Hedge notes issued: The SOS has issued notes to local authorities concerning high hedges. It clarifies the role of the Local Government Ombudsman and the position where work may be required to the deciduous parts of high hedges. It also covers matters relating to the issue of remedial notices, the importance of accurately defining the hedge, calculating the height of the hedge and specifying the works in the notice. The document may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/highhedgesnotes . This information was posted on 15/7/2008 and updates DCP at (4.386).

Consultation on PPS6 amendments: The Government has issued a consultation document setting out proposed amendments to PPS6 Planning for Town Centres.  The main changes relate to how some planning applications should be considered and tested. The requirement to demonstrate ‘need’ for edge centre or out of centre developments is to be removed and replaced with a new ‘impact assessment framework’. The consultation document mentions the ‘competition test’ recommended in the recent report of the Competition Commission and states that the Government will shortly be making a published response to that report. The consultation document may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/pp6consultation  This information was posted on 11/6/2008 and updates DCP at (13.132).

Housing for former Liverpool festival site: The SOS has given permission for a large housing development on the site of the former International Garden Festival in Liverpool. The application for 1,374 dwellings with supportive ancillary uses had been called-in. The design of the development was criticised by CABE and the Police had raised security issues. It was concluded that, with the exception of impact on a green wedge, the scheme would substantially accord with the development plan. The relatively narrow range of housing proposed performed poorly against the PPS3 objectives, but overall there were no material considerations of sufficient weight to justify refusal. This information was posted on 11/6/2008 and updates DCP at (7.1322) and (41552).

London 50% affordable target to go: The Mayor of London has indicated that the 50% affordable housing target in the present London Plan would be abolished in favour of powers for individual boroughs to negotiate their own figures. The proposal is included in a consultation document Planning for a Better London which may be downloaded from http://www.london.gov.uk/mayor/planning/plan-better-london.jsp  This information was posted on 11/6/2008 and updates DCP at (7.331).

Council removal of advertisement upheld: The Administrative Court has rejected a challenge to a council’s notice under section 11 of the London Local Authorities act 1995 requiring removal of a building site advertisement in a Lambeth shopping centre.  A claim that use of this power was draconian was acknowledged, but it was ruled that although to be used with care section 11 was not restricted to cases where the identity of the perpetrator was unknown.  A further claim that the notice had been issued by an officer not possessing delegated powers was also rejected. It was ruled that it was lawful to sub-delegate as per Provident Mutual Life Assurance Association v Derby City Council 1981. Neither was it unlawful for the demolition to be conducted by a council employed contractor without the presence of a council officer.. In conclusion it was felt that the council’s action had been proportionate given the visual harm and public concern and the delay that would have arisen had planning enforcement powers been used R (on the application of Blow Up Media UK Ltd) v Lambeth LBC 3/7/2008. This information was posted on 10/7/2008 and updates DCP at (4.364) and (30.05).

Climate change requirements for new development in Wales: The Welsh Assembly Government is consulting on changes to Planning Policy Wales to include further measures relating to climate change. These include making sustainable building standards an expectation of all planning applications for ten or more housing units and  non-residential development of over 1000sqm of floorspace. These requirements would secured by planning condition and are proposed to be introduced on 1/4/2009. The consultation document also contains proposals that larger development will incorporate on-site and/or near site decentralised and renewable or low carbon energy equipment . Developers will be expected to demonstrate that they have explored all such options and have designed their developments to incorporate these requirements. The consultation document may be downloaded from http://new.wales.gov.uk/consultations/currentconsultation/plancurrcons/climatechangeconsult/?lang=en   This information was posted on 9/7/2008 and updates DCP at (4.1114).

Consultation on fee changes for Wales: The Welsh Assembly Government is consulting on fee changes for planning applications. It is proposed that present fees should be increased in line with the annual RPI  index. The maximum fee cap of £50,000 would be removed and a £85 fee introduced for dealing with a request that one or more conditions imposed on a planning permission have been complied with. Fees for wind farms would be increased to reflect charges in other parts of the UK. The document also considers other potential forms of fee generation including charges for pre-application discussions and local authority enforcement and appeal costs. The consultation document  may be downloaded from http://new.wales.gov.uk/consultations/currentconsultation/plancurrcons/planningfees/?lang=en  This information was posted on 9/7/2008 and updates DCP at (5.152).

New Practice Guide on flood risk prevention: Measures to protect new houses from flooding have been published by the Government in the form of a practice guide to accompany PPS25. The document may be downloaded from http://www.communities.gov.uk/news/planningandbuilding/840710 This information was posted on 9/7/2008 and updates DCP at (4.165).

Non-provision of full community benefits outweighed: The SOS has allowed a recovered appeal relating to a large mixed use development on derelict power generation land in Ashford, Kent (DCS No. 100-056-419). The scheme comprised 1002 residential units (20% affordable), 8,229 sqm of commercial floorspace and a convenience goods store of 3,716 sqm. The SOS noted that the development would be in conflict with the development plan in respect of retail policy and provision of full required community benefits. However, outweighing material benefits were identified. A contaminated and heavily constrained site would be brought back into beneficial use, and a significant contribution would be made to housing provision. In addition the town’s aspirations for growth would be met in a highly energy- efficient way and a strategically important link road and public car parking would also be delivered.  The SOS concluded that, although the evidence suggested that scheme would be viable, it would not generate more than a reasonable return and could not support a higher level of contributions. This information was posted on 9/7/2008 and updates DCP at (4.164), (7.3332) and (4.6122).

Maladministration found over parking platform permission: The Ombudsman has found maladministration in a case concerning permission for a raised parking platform at a house in Cornwall. The complainants were neighbours and asserted that the council’s decision made under delegated powers was contrary to its own policies regarding parking facilities on steep slopes. After a complaint to the council it had been conceded by the council’s Director of Services that the decision had not been in accord with policy. It was then found that the platform had not been implemented in accord with the approved plans, although the siting was the same, and a regularizing application was submitted and approved. A further application for a parking platform was then made by another householder living nearby which was recommended for approval but refused by members. The Ombudsman observed that it was unfortunate that the council had continued to disagree with itself over its conclusions on the original complaint. The first decision had set a precedent for the approval of the regularizing application. Compensation for loss of value and an ex gratia payment was recommended. The report may be downloaded from http://www.lgo.org.uk/news/docs/242-06B18466.doc
Complaints 06/B/18466 and 07/B/00074 Caradon DC This information was posted on 8/7/2008 and updates DCP at (12.1322).

Development rejection near Gatwick to be reconsidered: The High Court  has overturned a SOS decision relating to a large mixed use scheme by  Gatwick Airport (DCS No. 100-048-841).The neighbourhood development, which included 2,200 houses, had originally been rejected as it was in conflict with planning policy requiring priority to be given to the development of previously developed land, although it was in a sustainable location and was a development plan preferred location for a new neighbourhood. It had also been considered that an immediate grant of permission could conflict with the configuration of a possible second runway at Gatwick airport, which in turn might affect the ultimate capacity of the airport. In the event of that runway being built most of the site could fall within NEC B. Overall it had been concluded that there was no immediate need to release the site The court held that the inspector had “too readily rejected” the developers’ evidence as to housing need and there were flaws in his conclusions which meant that the decision must be quashed and reconsidered Taylor Wimpey v SOS 7/7/2008. This information was posted on 8/7/2008 and updates DCP at (4.1611).

Housing allowed on green belt land: The SOS has allowed a housing neighbourhood development on land immediately to the north of Gloucester but within the area of Tewkesbury Borough Council (DCS No. 100-056-311). The SOS observed that the development was not in accord with the local plan in that it was unallocated for development, and 4.3ha was in a green belt area (the rest of the site was erroneously deleted from the green belt during the local plan process!). However, there was a severe shortfall in housing supply and the land achieved the joint highest score compared with other major potential housing sites in the Borough. The SOS concluded that green belt harm was clearly outweighed by the advantages of the proposal. In addition there was no flooding risk provided a sustainable drainage system was put in place. This information was posted on 8/7/2008 and updates DCP at (7.1331).

Tyneside housing rejected: The SOS has dismissed a proposal for residential development at Wideopen, Newcastle-upon-Tyne (DCS No. 100-056-312). The SOS noted that the land was allocated for housing in a recently saved UDP policy and would make a significant contribution to affordable housing needs in Tyneside. However, there was now an excess of five year housing land supply in North Tyneside Borough. In addition congestion would be worsened on the Great North Road. This information was posted on 8/7/2008 and updates DCP at (7.1321) and (7.1364).

New recovery criteria announced:  The SOS has issued a Commons statement setting out revised criteria under which appeals could be recovered from the Planning Inspectorate.  The full list is now ….a) proposals for development of major importance having more than local significance; b) proposals giving rise to substantial regional or national controversy; c) proposals which raise important or novel issues of development control, and/or legal difficulties; d) proposals against which another Government Department has raised major objections or has a major interest; e) proposals of major significance for the delivery of the Government’s climate change programme and energy policies; f)  any proposal for residential development of over 150 units or on sites of over five hectares, which would significantly impact on the Government’s objective to secure a better balance between housing demand and supply and create high quality, sustainable, mixed and inclusive communities; f) proposals which involve any main town centre use or uses (as set out in paragraph 1.8 of PPS6) where that use or uses comprise(s) over 9,000m(2) gross floor space (either as a single proposal or as part of or in combination with other current proposals), and which are proposed on a site in an edge-of-centre or out-of-centre location (as described in Table 2 of PPS6) that is not in accordance with an up-to-date development plan document prepared in accordance with the policy in PPS6; g) proposals for significant development in the green belt; h) major proposals involving the winning and working of minerals; and i) proposals which would have an adverse impact on the outstanding universal value, integrity, authenticity and significance of a World Heritage Site.
The statement adds that there may, on occasion, be other cases which merit recovery because of the particular circumstances..This information was posted on 4/7/2008 and updates DCP at (3.144).

Off-shore wind farm challenge fails: The High Court has rejected a local authority challenge to a ministerial wind farm decision off the coast of Redcar. The development consisted of 30 turbines situated about a mile off the coast. The judge observed that the mere assertion that a wind farm may spoil the outlook generally and affect the value of property, was not a sufficient basis on which a challenge can be based.  The issue of visual impact was very much a matter of judgment and whether this visual impact was outweighed by national energy policy.  The SOS for Business, Enterprise and Regulatory Reform had ample material in the form of a very comprehensive report upon which to base his decision  Redcar & Cleveland BC v SOS for Business etc 1/7/2008. This information was posted on 4/7/2008 and updates DCP at (26.532).

Planning application statistics show falls: English planning application statistics issued by the SOS for the March quarter 2008 indicate an overall 6% decrease in numbers received over the same quarter in 2007. The number of determinations fell by 3% and of these 81% were granted. The document may be downloaded from
http://www.communities.gov.uk/corporate/860093   This information was posted on 4/7/2008 and updates DCP at (3.41).

Climb down on members panels?: The Government has acknowledged that there are a number of issues to ‘clarify’ in its controversial proposals to introduce measures to allow local authority members panels to determine minor appeals.  Amendments are expected to the Planning Bill before it goes before the House of Lords. This information was posted on 4/7/2008 and updates DCP at (2.8).

Enforcement against farm worker’s dwelling upheld: The High Court has supported an inspector’s decision to uphold an enforcement notice directed against an unauthorized farm manager’s house. The house had been built after the council had indicated that it would be willing to grant permission subject to certain obligations. These were not met and planning permission was refused, but the house was built nevertheless.  In his decision letter (DCS No.100-050-249) the inspector agreed that a full-time stockman/manager was needed for a pig unit, but the relatively routine work did not require a worker to readily available at most times, day or night.  It was noted that the owner’s house, which had been allowed on ‘exceptional design’ grounds, was sufficiently near to the pig sheds for any disturbance to be noticed. There was a village nearby. The court concluded that the inspector’s decision had been reasonable.
Wheelform Properties v SOS 1/7/2008. This information was posted on 4/7/2008 and updates DCP at (9.3341).

Role of political ‘bias’ in decision making: The Court of Appeal has reversed a High Court judgment on the issue of political bias in decision making. The lower court had quashed a decision of Redcar and Cleveland BC to grant permission for a sports/leisure complex and a 340 unit residential development on a14ha coastal site. Its ruling was that there was apparent bias or predetermination on the part of the planning committee. The decision was made just before local elections.  The Court of Appeal felt that committee members could be entitled, and indeed expected, to have expressed views on planning issues. It was not for the court to assess whether councilors had approached their decision with a closed mind. The notion that a planning decision was suspect because all members of a single political group have voted for it, was an unwarranted interference with the democratic process Lewis v Redcar & Cleveland BC 1/7/2008. This information was posted on 4/7/2008 and updates DCP at (6.332).

Enabling development guide: English Heritage has issued a update guide entitled Enabling Development and the Conservation of Significant Places. It deals at some length, although without illustration, with the concept of ‘enabling development’ as a means to secure the preservation and maintenance of heritage assets through the development control system. The document may be downloaded from http://www.helm.org.uk/upload/pdf/enabling-development2.pdf. This information was posted on 2/7/2008 and updates DCP at (4.613)

IPC independence watered down: Following parliamentary pressure, amendments have been made to the Planning Bill designed to make the decisions of the proposed Infrastructure Planning Commission (IPC) a little more accountable to Government. However, the Opposition has stated that it will abolish the provision anyway if it wins the next general election. This information was posted on 1/7/2008 and updates DCP at (2.8) and (5.3).

Flood prevention recommendations: The Pitt report into last year’s flooding has underlined the PPS25 presumption against allowing development in high risk areas. In particular it recommended that any rights to lay impermeable hard surfaces should cover not only front gardens but rear gardens and business premises. The automatic right to connect surface water drains to the public sewerage system was also recommended to be removed. The Government has subsequently announced that it is now compulsory to consult with the Environment Agency on planning applications in flood risk areas and where councils ignore their advice on major developments it will intervene. This information was posted on 1/7/2008 and updates DCP at (4.165).

New Scottish advice on open space: The Scottish Government has published a revised PAN65 Planning and Open Space. It replaces the existing document published at the beginning of 2003. The document may be downloaded from
http://www.scotland.gov.uk/Resource/Doc/225179/0060935.pdf
This information was posted on 1/7/2008 and updates DCP at (1.712).

New stadium finally allowed: The SOS has confirmed her previous ‘minded to allow’ decision of March 2008 in respect of  two called-in applications for a) a new football stadium for Southend United FC together with a hotel, retail development, housing and other uses; and b) three new training pitches (DCS No. 100-053-952). The SOS was now satisfied that variations to an obligation provided for the satisfactory provision of affordable housing, be it on-site or off-site. The decision also dealt with the situation where the developer had previously purported to be bound by an obligation on land not yet acquired. This information was posted on 1/7/2008 and updates DCP at (18.1341) and (4.613).

Challenge to hemp plant decision fails: A Parish Council has been unsuccessful in a challenge to a planning permission for a hemp processing plant in Norfolk.  The Court of Appeal observed that the council had adequately met real concerns over noise and traffic by imposing stringent conditions. Complaints that the Parish Council and the public were not given a fair opportunity to put their objections were also set aside. It was held that while there was no evidence before the court to show how anyone was so prejudiced. Nothing had been demonstrated to suggest that anymore could have been relevantly said if further time had been allowed Roudham and Larling Parish Council v Breckland Council 25/7/2008.
This information was posted on 27/6/2008 and updates DCP at (19.234 and 19.235).

Flats allowed in inner Liverpool: The SOS has allowed two alternative redevelopment schemes for 184 or 200 flats in an area of inner Liverpool. The site was a street block containing mixed commercial and residential uses. It was concluded that there was no need to release the site now to ensure an adequate level of housing provision. Neither proposal accorded with development plan policy in regard to employment land policy or the envisaged comprehensive approach to regeneration.  However, the SOS did not consider that there would be prejudice to a comprehensive approach to redevelopment elsewhere in the ‘Housing Market Renewal Initiative’ area. The site was in a highly sustainable location. The overall form would be in keeping with the surroundings and would contribute to regeneration. This information was posted on 27/6/2008 and updates DCP at (7.1343).

Highways depot permission quashed: The High Court has quashed a planning permission relating to a county council highways depot following a CPRE legal challenge. The council conceded that its decision should not stand as it had misinterpreted regulations governing when an environmental impact assessment was required The Kent Branch of the Campaign to Protect Rural England v Kent CC 24/7/2008. This information was posted on 26/6/2008 and updates DCP at (5.153).

Gypsy plight was a very special circumstance: The Court of Appeal has reversed a lower court decision to remit an inspector’s decision granting a temporary permission for a Gypsy caravan in a green belt area (DCS No. 100-047-182).  It was claimed that the High Court had wrongly stripped the Worcestershire family of their right to keep their home until a suitable alternative site was found.  The Court of Appeal ruled that the inspector had not erred in applying the very special circumstances test. He was entitled to treat the prospect of the immediate eviction of a Gypsy family with young children, with nowhere else to go, as sufficiently ‘special’ in itself. It was observed that other inspectors may have taken a less generous view, but the decision was not perverse Wychavon DC v SOS 23/6/2008. NB: This decision may be compared with Brentwood BC v SOS 22/4/2008. This information was posted on 26/6/2008 and updates DCP at (24.534).

Challenge to North Devon wind farm fails: A local authority application for leave to challenge a 22 turbine wind farmpermission given by the SOS for Business has been rejected by the High Court.  It was ruled that there were no arguable grounds to seek judicial review of the decision where it had been  concluded that renewable energy needs outweighed AGLV harm North Devon DC v SOS for Business, Enterprise and Regulatory Reform 25/6/2008. This information was posted on 26/6/2008 and updates DCP at (25.541).

Parker Morris standards for private sector houses?: Boris Johnson, the new Mayor of London, has hinted that he wants Parker Morris internal space standards for all new homes in the capital, including private sector developments. The standards have generally been applied in the public sector since the 1960s, and English Partnerships has recently adopted Parker Morris +10% for all subsidized homes. It is not clear by what mechanism Parker Morris could be made mandatory for market housing in London. This information was posted on 24/6/2008 and updates DCP at (7.4338) .

EIA sidestepping rejected: A High Court challenge to a decision to allow a 24ha pre-cast concrete manufacturing plant has failed. It was alleged that the local authority had failed to consider the wider environmental effects of a scheme to regenerate former industrial land in Nottinghamshire, of which the plant proposal formed part. It was averred that the developer had sought an environmental impact assessment by putting forward a piecemeal proposal. The court ruled that there was no legal error in the council’s decision not to insist on a ‘Masterplan’ for the whole 85ha site. There was no duty to consider the cumulative impact of later development on the site, when there was no application put forward Littlewood v Bassetlaw DC 23/6/2008. This information was posted on 24/6/2008 and updates DCP at (5.153) .

Permission for curtilage extension could not be inferred: The High Court has endorsed an inspector’s decision to uphold enforcement notices relating to the erection of a pool, pool house, tennis court and tree-house at a forestry estate manager’s house in Hampshire (DCS No. 100-047-012). The large house was commenced in 1995 and completed in 1998. The local authority alleged that the developments were not permitted development as they were outside the permitted residential curtilage, but the appellant argued the ten-year rule. This was rejected by the inspector, who also felt that a later 1998 permission for extensions to the house did not authorize curtilage extension either. The court ruled that it was not possible to infer a curtilage extension from the 1998 permission Barnett v SOS 23/6/2008. This information was posted on 24/6/2008 and updates DCP at (12.811) .

EIA Regulations for ROMP cases: New regulations governing the making of Environmental Impact Assessments in relation to the review of old minerals permissions have been laid before parliament and come into force on 22 July 2008. The document The Town and Country Planning (Environmental Impact Assessment)( Minerals Permissions and Amendment)(England) Regulations 2008 may be downloaded from http://www.opsi.gov.uk/si/si2008/uksi_20081556_en_1
This information was posted on 23/6/2008 and updates DCP at (25.115).

‘Bedroom tax’ criticized:  Criticism of Purbeck District Council’s policy to require a payment of £993 per bedroom when granting planning permission for house extensions has been widely reported in the press. The money is intended to contribute to transportation infrastructure. The Government is reported as stating that the charge is perfectly legal but should be used with care in accord with approved policy. Background note: The proposed Community Infrastructure Levy system due to be introduced in 2009 will exempt householders  The majority of householder extensions are, of course, permitted development..This information was posted on 20/6/2008 and updates DCP at (4.61).

PINS Newsletter: The June 2008 edition of the Planning Inspectorate newsletter contains an article detailing a change of policy on the imposition of conditions requiring that no development shall be begun until details of a scheme for the provision of infrastructure to meet the needs of the development has been submitted to an approved by the planning authority. The article states that advice to inspectors is now that this type of condition should not be used. This follows the view of the SOS in a decision letter last October (DCS No. 100-051-164) where it was stated such a condition lacked detail and failed the precision test in Circular 11/95. The newsletter also contain articles on the Tree Preservation Order work that the Inspectorate has taken over from the SOS, the improvement of Statements of Common Ground, and the problem of incomplete planning appeals, The document may be downloaded at http://www.planning-inspectorate.gov.uk/pins/publications/newsletter/index.htm This information was posted on 20/6/2008 and updates DCP at (4.412).

Wind farm decision quashed: The High Court has quashed an appeal decision allowing a ten turbine wind farm development in East Anglia (DCS No. 100-050-321). The SOS had conceded that two conditions applied to the development contained drafting errors which could lead to them being unenforceable Lee v SOS 19/6/2008. This information was posted on 20/6/2008 and updates DCP at (26.541).

Green belt boundary dispute: The High Court has denied the right to challenge an inspector’s decision upholding an enforcement notice relating to an unauthorized house built a green belt area in Merseyside. It was argued that the site did not fall within the green belt at all. This conclusion was based on a diagram in the council’s UDP. The inspector’s decision letter had reasoned that this diagram was outweighed by the Statutory Proposals map, also in the UDP, which demonstrated that the site did form part of a green belt area. It was ruled that the law required a UDP to include a Statutory Proposals map, but other diagrams were not mandatory. The diagram was on a smaller scale and was self  evidently  diagrammatic to indicate broad policy areas, and did not purport to define detailed boundaries. The inspector was correct to say that the site lay within the green belt Morphet v SOS 19/6/2008. This information was posted on 20/6/2008 and updates DCP at (4.251).

Challenge to colliery re-use fails: The High Court has rejected a challenge to a SOS’s call-in decision to allow the re-use of former colliery buildings in a rural area near Selby (DCS No. 100-049-870).  The proposal to use four rail linked buildings for industrial purposes was allowed mainly as it would foster the movement of goods by rail. It was argued that conversion of the buildings was not financially viable and would conflict with policy against the creation of new employment land in the countryside. The judge ruled that the SOS had reached her decision on the balance of material considerations which led her not to apply the development plan. It was noted that a condition had been applied to the permission which required the buildings to be demolished if not used for rail related purposes within 5 years. There was no basis to quash the decision Samuel Smith Old Brewery Tadcaster v SOS 13/6/2006. This information was posted on 16/6/2008 and updates DCP at (19.2322).

No cooking condition upheld: The Court of Appeal has upheld an inspector’s decision related to a ‘no cooking’ condition applied to a tearoom and coffee shop in Greenwich.  An application to remove the condition had been refused by the local authority and at appeal an inspector had felt that the condition was reasonable and enforceable, having regard to the character of the area and the amenity of neighbours (DCS No, 100-040-421. It was ruled that the decision had not been procedurally unfair and the council  had not shifted its ground on ventilation before the hearing. It was observed that if anyone had misunderstood the council’s position on the ventilation issue it was the appellant not the inspector. Its view had been clearly flagged up before the hearing that only a high-level system would suffice to eliminate cooking smells and noise, but that this solution was unacceptable in visual terms Francis v SOS & Another 11/6/2008.. This information was posted on 16/6/2008 and updates DCP at (16.14 ) and (5.342).

Officer decisions now dominate: Figures given in a Commons parliamentary answer show that the number of planning decisions taken by officers as a proportion of the total has risen markedly over the past ten years.  In 1997-98 the number of officer decisions stood at 265,700 as against member decisions at 195,800. In 2006-07 the relative figures were 529,900 and 57,700. This information was posted on 13/6/2008 and updates DCP at (5.211).

New flooding good practice guide: A new practice guide complementary to Planning Policy Statement 25: Development and Flood Risk (PPS25) has been issued by the SOS, It provides guidelines on how to implement development and flood risk policies by the land use planning system. The guide also includes working examples through case studies. The guide replaces the Development and Flood Risk: A Practice Guide Companion to PPS25 'Living Draft' - A Consultation Paper published on 19/2/2007 and may be downloaded from
http://www.communities.gov.uk/publications/planningandbuilding/pps25practiceguide  This information was posted on 13/6/2008 and updates DCP at (4.165).

New Planning partnership advice: A new guide has been issued by the SOS designed to speed-up planning partnerships between developers and local authorities. The publication advises the use of PPAs (Planning Performance Agreements) to provide a “project management framework” for handling large and complex planning applications. All PPAs that meet agreed timetables will be exempt from the standard 13 week decision threshold, meaning developers will no longer have to worry about disincentive targets. The document may be downloaded from
http://www.communities.gov.uk/news/corporate/837136 This information was posted on 13/6/2008 and updates DCP at (3.17).

Houseboats: In response to a Commons question relating to the planning status of houseboats it was stated that they fell outside planning control except when moored in the same place to the extent that a material change of use took place. The permanent mooring of a houseboat in a place where none was present before was likely to be a material change, as would works associated with the mooring. The statement concluded that there were no specific permitted development rights for houseboats. This information was posted on 13/6/2008 and updates DCP at (24.81).

Gypsy injunction was disproportionate: The High Court has rejected an application for an injunction to remove Gypsies from a green belt site in Cambridgeshire while there was a possibility that an appeal against an enforcement notice or a fresh planning application would succeed, albeit only for a temporary period. To grant an injunction at this stage would be disproportionate because it would require the defendants to vacate the site in the absence of any alternative provision South Cambridgeshire DC v Price & Others 5/6/2008. This information was posted on 12/6/2008 and updates DCP at (24.5) and (4.561).

Sex shop case continues: The Court of Appeal has given leave to appeal against a High Court ruling that a change of use to a sex shop from a car dealership was not permitted development (see Bulletin 20/5/2008). It was ruled that the sex shop company had a real chance of success Cocktails Ltd v SOS 10/6/2008. This information was posted on 11/06/2008 and updates DCP at (13.5121).

Housing allowed in flood zone: The SOS has given permission for an 80 bed care home and 53 flats after call-in (DCS No.100-055-813). The 0.91ha site in Windsor was that of a former factory which had been demolished. The SOS felt that the development provided a variety of accommodation for which there was a need, and it would not be out of keeping with its surroundings. The location was highly sustainable and there would be no harm to employment potential. Although the site was in a high probability flood zone it would be flood resilient and resistant including safe access and escape routes. This information was posted on 11/06/2008 and updates DCP at (4.165).

Retail decision quashed: The High Court has again quashed a decision of Gwynedd Council to allow an extension to out-of-town retail park in Bangor. The challenge was brought by the company behind a shopping complex in the town centre. It argued that the development would have an adverse impact on their own site and any plans for expanding it.  The judge felt that a planning officer’s report had been insufficient to inform council members and to enable members of the public to make informed representations.  A particular deficiency was the lack of an assessment of whether an older permission was, or was not, available as a fallback Cathco Property Holdings v Gwynedd Council 9/6/2008.This information was posted on 10/6/2008 and updates DCP at (13.134) and (5.2211).

Housing rejected in proximity to industry: The SOS has rejected a scheme for a mixed use development on the site of a former glassworks and warehouses in NW England.  An inspector had recommended approval. Although there were many points in favour of the development, the SOS concluded that its location and proximity to other industrial users gave it a poor ambiance, which the proposed design and form did not overcome.  There were also doubts about the achievement of easy and safe access to local facilities. The SOS also felt that although the housing units, including an affordable element, would make a needed contribution, this was tempered by the fact that most of it would not be built for several years. This information was posted on 9/6/2008 and updates DCP at (4.161).

PDL use declines: This government has issued provisional land use statistics for 2007 which show that the proportion of dwellings built on previously developed land in England (including conversions) has declined by 1% on 2006 and 2% on 2005. In all 75% of dwellings were built on PDL in 2007.  The figures also show that new dwellings were built at a average density of 45dph, a rise from 41dph in 2006. The full report may be downloaded from http://www.communities.gov.uk/documents/planningandbuilding/pdf/823589.pdf  This information was posted on 6/6/2008 and updates DCP at (7.131) and (7.138).

New PPS12 issued: The Government has published a new version of PPS12 entitled Local Spatial Planning. This replaces the existing PPS12 and its companion guide which were issued in 2004. The document may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/pps12lsp
This information was posted on 5/6/2008 and updates DCP at (4.2)

SOS minded to allow large housing development: The SOS has been minded to allow a mixed use development including 1750 dwellings on a greenfield site to the southern edge of Gloucester (DCS No. 100-055-732). It was concluded that the scheme was in accordance with the development plan and would provide a high quality sustainable development for residents and workers.  There would be no detrimental impact on regeneration prospects for important sites in the City itself.  The final decision was deferred to enable an extra condition relating to phasing to be agreed. This information was posted on 4/6/2008 and updates DCP at (7.133).

Model conditions for contaminated land: The SOS has sent a circular letter to all English planning authorities advising on model planning conditions for development on land affected by contamination. This information was posted on 3/6/2008 and updates DCP at (4.164).

More money for Planning Aid:  A further major expansion of government funding for Planning Aid has been announced. A sum of £4.1m has been allocated for the year 2009/2010 increasing to $4.5m for 2010/2011. This information was posted on 3/6/2008 and updates DCP at (32.1).

City centre housing allowed: The SOS has permitted a mixed use redevelopment including 244 dwellings. The site was on the edge of Nottingham City centre and formerly used as a car rental depot and for commercial storage. The SOS concluded that the development was in a very sustainable location and would make a significant contribution to housing supply. The height of the building at fourteen storeys would impact on an adjacent rest garden, but the scale and massing of the proposed design would be acceptable in this respect and in relation to the City centre’s skyline. It was noted that the design was far superior to the present monolithic concrete structure on the site.  This information was posted on 2/6/2008 and updates DCP at (4.133).

Ombudsman finds maladministration: The Ombudsman has found that a local authority failed to pick up an inaccuracy on plans submitted with a planning application for a hew house. This led to permission being granted for a house that extended four metres further beyond the back of a neighbour’s home than should have been the case. The Ombudsman found maladministration causing injustice and recommended the Council to a) arrange for the District Valuer to carry out valuations of the complainant’s home as it is and as it would have been had the fault not occurred, and pay the loss in value, b) pay £250 for the  time and trouble in pursuing the complaint, and c) review training and supervision arrangements for unqualified planning assistants charged with conducting site visits on planning applications. The full report may be downloaded at www.lgo.org.uk/news/docs/235-07B03036.doc  This information was posted on 2/6/2008 and updates DCP at (6.32).

Paving of front gardens must be permeable: The government has announced that changes will be made to the GPDO later this year, meaning that householders will only be able to pave over their front gardens as permitted development if the surface is permeable. This move follows one of the recommendations of the all-party Commons Committee on Environment, Food and Rural Affairs made earlier this month. This information was posted on 30/5/2009 and updates DCP at (4.165) (4.3421).

Housing would compete with sites targeted for regeneration:  The SOS has refused permission for a 278 unit housing development in Tunstall, Stoke-on-Trent, overturning her inspector’s recommendation. It was concluded that the Barratt Homes proposal would be making use of a quarry site which could be considered as previously developed land as it had a very unnatural and artificial landform due to its previous use. It could not be considered part of the natural surroundings. The development would also provide a safe and attractive living environment. However, the site was not allocated for housing and would conflict with RSS policy to promote a targeted approach to regeneration in the area. It would compete with the development of priority regeneration sites, although the precise effect was difficult to assess. Stoke already had a five year housing land supply. This information was posted on 30/5/2009 and updates DCP at (7.1325).

Infrastructure Commission to be operative by 2010: The government has stated that the controversial Infrastructure Planning Commission could begin determining appropriate cases by 2010. The first appointments to the Commission are expected to be made by Spring 2009. This information was posted on 30/5/2009 and updates DCP at (2.8) and (5.3).

Greater protection for World Heritage Sites: The government is consulting on proposals to give Article 1(5) status to World Heritage Sites, providing them with the same protection in development control terms as conservation areas, national parks and AsONB. The consultation document, which includes draft advice related to the protection and management of World Heritage Sites, may be downloaded from http://www.communities.gov.uk/publications/planningandbuilding/worldheritagesitesconsultation
 This information was posted on 29/5/2008 and updates DCP at (4.2412) .

Call for use of consultants to speed DC work: The British Property Federation is to urge overstretched councils to outsource work to private consultants in a bid to speed up the planning process. In a manifesto to be published in the summer it is averred that a greater role for the private sector can overcome skill shortages within local authorities and minimise delays to major schemes. In particular it will recommend that smaller applications usually delegated to planning officers can be put out to private consultancies. It is reported that the manifesto is also to float the idea that developers would be prepared to pay to make sure the process is dealt with swiftly even if that means bringing in consultants funded through a sec.106 obligation. This information was posted on 28/5/2008 and updates DCP at (3.41) .

New guidance from English Heritage: English Heritage has issued a document entitled Conservation Principles-polices and guidance. EH states that it will serve and the ‘philosophical foundation’ for the recently published Heritage Protection Bill. The publication may be downloaded from http://www.helm.org.uk/upload/pdf/Conservation_Principles_Policies_and_Guidance_April08_Web.pdf This document was posted on 27/5/2008 and updates DCP at (4.24) and (27).

Revisions to TAN 12: The Welsh Assembly Government is consulting on amendments to TAN 12 Design. One of the main revisions takes account of the role that Design Statements (not yet mandatory in Wales) can play in the implementation of climate change policy, There will also be a stronger line on the importance of design. The consultation document may be downloaded from
http://new.wales.gov.uk/topics/planning/planningconsultation/?lang=en
This document was posted on 27/5/2008 and updates DCP at (5.145).

RTPI to assist in application process review: The RTPI is to present a list of twenty ways to improve the planning application process to the Killian Pretty Review set up by the government last March. Ideas should be submitted to policy@rtpi.org.uk by June 3 2008. This document was posted on 27/5/2008 and updates DCP at (2.8).