The last working day of a quiet week for decisions saw 29 appeals, granting planning permission for just one new residential unit, an outline permission for a single two bedroom dwelling in Tameside — the main decisions selected below turn on enforcement drafting, Class MA prior approval evidence, Class Q conversion limits, flood risk evidence, heritage balance, street hub impacts and specialist residential accommodation.
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Brent: Shisha and late night use enforcement upheld
The Inspector upheld an enforcement notice against the mixed use of The Lodge as a restaurant, shisha lounge and late night entertainment venue, and refused deemed planning permission. The decision gives weight to evidence from licensing, residents and nuisance proceedings on noise, health and highway safety, while also showing the importance of precise enforcement notice requirements. (3346972)
Staffordshire Moorlands: Enforcement notice quashed over the alleged breach
An enforcement notice alleging the material change of agricultural land to residential domestic garden was quashed on ground (b). The Inspector found that the land had changed in character, but that describing it as a residential domestic garden was not accurate on the facts, and that varying the notice to a different formulation such as domestic outdoor space would cause injustice. (3377456)
Hammersmith and Fulham: Class MA appeals fail on late evidence and technical gaps
Prior approval appeals for three flats were dismissed. The Inspector declined to accept amended layouts and updated technical reports at appeal stage, applying the principle that the appeal process should not be used to evolve a scheme. The dismissals turned on insufficient original information on refuse arrangements, contamination, flood risk in Flood Zone 3, noise and natural light. (6010163, 6010167)
Horsham: Class Q conversion rejected as effectively starting afresh
A prior approval appeal for conversion of an agricultural barn to a dwelling was dismissed because the proposed works did not fall within Class Q. Although the retained steel frame was accepted as structurally sound, the Inspector found that replacing the roof covering and adding new external walls on all sides of the proposed dwelling went beyond conversion and was tantamount to starting afresh. (6007717)
Tameside: Modest infill dwelling allowed on a corner garden plot
Outline permission was granted for a two-bedroom dwelling, with access, layout and scale approved and appearance and landscaping reserved. The Inspector found that the site sat within a mixed pattern of terraces, semis and detached houses, and that the proposal would read as a logical continuation of the existing terrace without harmful loss of openness. The decision is notable for recording the new small site Biodiversity Net Gain exemption applying to a 0.032 hectare site. (6009460)
Tendring: Replacement workshop refused after updated flood mapping
A proposal to replace an existing marina workshop was dismissed because no site specific flood risk assessment had been provided for a site now shown in Flood Zone 3. The Inspector gave no determinative weight to an earlier permission for a nearby building granted before the mapping change, and held that replacement development still needed current evidence on flood risk, mitigation and climate change. (6006959)
Barnet: Commercial plant refused on listed parade
Planning permission and listed building consent were refused for kitchen extract, condensers and associated plant at part of a Grade II listed parade within the Golders Green Conservation Area. The Inspector accepted that the café use delivered social and economic benefits, but found that the scale and prominence of the plant on the rear service elevation caused modest harm to designated heritage assets which was not outweighed. (6004392)
Dudley: One child care home allowed with a tight use condition
Permission was granted for the change of a dwelling to a Class C2 children’s care home for one child. The Inspector found that the fencing, parking and retained garden space were acceptable in the estate context, and attached a condition restricting the use to a children’s care home for one child and no other Class C2 use. (6007589)
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