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Casebook: Appeal cases - Leisure and Entertainment - Obligation held unjustified for holiday let scheme
2 April 2004
An inspector has accepted that a council's request for completion of a section 106 obligation to secure the use of a farm building in Sussex for two holiday lets was not justified because conditions could be imposed to control the nature of the development.
Casebook: Appeal cases - Housing: New Build - Inspector orders natural stone for hillside estate
2 April 2004
An inspector has dismissed an appeal seeking to vary the terms of a condition requiring the use of natural stone for 193 houses at a site in West Yorkshire, despite claims by the appellant that high-quality artificial stone would be equally acceptable.
Casebook: Appeal cases - Housing: New Build - Inspector overruled on rural housing proposal
2 April 2004
An inspector's recommendation that planning permission should be granted for five houses in the Kent countryside has been overruled by the deputy prime minister, who concluded that the removal of the existing industrial use was not overriding.
Casebook: Appeal cases - Housing: New Build - Redevelopment of green belt care home supported
2 April 2004
The deputy prime minister has supported a scheme promoted by County and Metropolitan Homes to redevelop a former residential care home in the Surrey green belt, concluding that the existence of a valid planning permission for a new care home amounted to a very special circumstance.
Casebook: Appeal cases - Housing: New Build - Homes held no threat to power station connection
2 April 2004
Ten residential park homes for retired people have been allowed at a site in Lancashire after an inspector determined that they would not prejudice connection of a proposed power station to the national grid.
Casebook: Appeal cases - Housing: New Build - Sheltered housing permitted with loss of offices
2 April 2004
McCarthy & Stone Ltd has secured permission for 54 assisted living apartments for the frail elderly in a Kent town centre, with an inspector concluding that the loss of a four-storey office building on the site would not harm employment objectives.
Casebook: Appeal cases - Gypsies and Travellers - Gypsy site harm overrides personal circumstances
2 April 2004
The deputy prime minister has accepted an inspector's recommendation to refuse permission for a residential Gypsy site in the Warwickshire green belt, concluding that it would be inappropriate and unsustainable.
Casebook: Appeal cases - Agricultural Development - Keeping of horses held to trigger material change
2 April 2004
Various enforcement notices alleging that a material change of use of farmland in the Bristol green belt was caused by keeping horses have been upheld. While the inspector concluded that the use itself was immune from enforcement due to the passage of time, he upheld a series of notices against an unauthorised shed and shelters, concluding that they involved building operations within the past four years.
Casebook: Appeal cases - Energy Development - Wind turbine judged harmful to Bronte landscape
2 April 2004
A wind turbine providing electricity to a dwelling with no connection to the national grid has been refused permission in a special landscape area in the West Yorkshire green belt on the grounds that it would seriously harm the character and appearance of the locality.
Casebook: Court cases - Full hearing ordered on green belt eyesore
2 April 2004
The owners of land near Waltham Abbey, Essex, that was subject to an enforcement notice alleging a material change of use from agricultural land to a mix of commercial uses have been granted leave to challenge an inspector's decision to uphold the notice.
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