Polytunnels:
The item in Bulletin relating to polytunnels raised the interesting point that many of these plastic horrors that disfigure the countryside would not be necessary were it not for a market demand for out of season crops. Of course, were stricter planning controls in place, as might seem possible if these structures are deemed to be building operations, what would happen? More such produce would be flown in from far flung places, thus adding to an another form of environmental harm with far worse consequences. Is this a material consideration to be taken into account when considering future planning applications for mass polytunnels? Posted on 18/3/2007 by Loki
Minor Amendments to Permissions:
A number of authorities have recently refused to accept minor amendments to permissions. They argue that since there is no statutory basis for any informal method of altering a permission, if a minor change is authorised by a simple exchange of correspondence the modified development would be unlawful. So any conditions of the original permission would no longer have effect. While officers refer to a “new court case”, I have been unable to identify this.
Wind Farm Fees:
My authority is expecting an application for a wind farm shortly. Should the accompanying fee be calculated on the basis of the floor area of the proposed turbines, including the compound, or the change of use of the land?
Demolition Preconditions:
The interpretation to Class A3, Part 31 of the General Permitted Development Order 1995 explains that for the purposes of this class “excluded demolition” includes demolition on land subject to a planning permission for its redevelopment. However, an authority claims that I cannot exercise this right and demolish two dwellings on a site with a permission for its redevelopment for flats until certain pre-conditions of the permission have been discharged, even though none restricts demolition works. As there is no qualification in Class A3 that the discharge of pre-conditions of an express permission is a prerequisite of exercising the demolition rights in the order, the authority’s advice appears wrong. Do you agree?
Definition of 'Nursing Home':
I am acting for a client who wants to purchase a former nursing home and turn it into a home for children with behavioural difficulties. There is considerable local opposition to the change. While I am confident that both uses are within the same Use Class, a rather elderly condition attached to the original planning approval states that “The use shall be for a nursing home only”. I cannot help feeling that this condition is a little imprecise. Can anyone out there suggest a way round it?
Wi-Fi systems – PD rights:
My council has just allowed the installation of a city wide Wi-Fi system. The transmitters have been mounted on existing roadside signage poles on the public highway. All supposedly with the benefit of permitted development under Part 25. Can this be correct? Many of the installations are also in conservation areas and are obviously visible from the highway but as they are on structures other than roof slopes do the conditions in Annex B still apply? Posted on 2/5/2007 by Tony Newman – City of London Department of Planning & Transportation.