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Casebook: Appeal cases - Housing: New Build. Housing scheme approved without witnesses

30 April 2004

A proposal for more than 100 dwellings on a 3.2ha site in West Sussex has been approved without the respective planning witnesses giving evidence or being subject to cross-examination.

Casebook: Appeal cases - Food and drink uses. Station pizza delivery disturbance held minimal

30 April 2004

A pizza takeaway and delivery service has been allowed to operate from a former newspaper distribution facility on a main line railway station approach in Hampshire following a ruling that it would not be harmful to the living conditions of neighbours.

Casebook: Appeal cases - Community facilities. Burial site ruled to harm green belt openness

30 April 2004

The reuse of a sports ground in the metropolitan green belt in Kent as a graveyard has been firmly rejected by an inspector who concluded that it would harm the openness of the area and that no proven need for the facility had been established.

Casebook: Appeal cases - Commercial and Industrial. Airport parking allowed at nursery glasshouse

30 April 2004

Following a High Court judgement quashing a previous appeal decision, a second inspector has agreed that the use of a glasshouse at a nursery in Cheshire can be used for parking by customers of Manchester Airport.

Casebook: Appeal cases - Commercial and Industrial. Music studio in garden held harmful to amenity

30 April 2004

An enforcement notice directed against the use of an outbuilding in the garden of a Lincolnshire house as a music studio has been upheld after an inspector decided that a material change of use had occurred.

Casebook: Appeal cases - Commercial and Industrial

30 April 2004

Permission required for farm holding roadworks An inspector has refused to grant a lawful development certificate for the construction of a hardstanding area and upgrading of a private right of way in Kent, concluding that both operations would require planning permission.

Casebook: Appeal cases - Agricultural Development. Mental health benefits justify mobile home

30 April 2004

An inspector has agreed to grant a three-year temporary permission for the retention of a mobile home at a farm in Essex despite the lack of any agricultural justification.

Casebook: Appeal cases - Agricultural Development. Condition preserving access to land struck out

30 April 2004

A condition requiring access and services to be maintained to a neighbouring property has been deleted from a permission to change the use of an agricultural building in Essex to stables because it was held unnecessary and unreasonable.

Casebook: Court cases - Inspector supported on plan policy interpretation

30 April 2004

The High Court has rejected a challenge to an inspector's decision to allow the change of use of a shop to non-retail use in a shopping centre in north London, concluding that the council's unitary development plan policies had been correctly applied.

Casebook: Excessive density rules out forest housing plan

30 April 2004

Wilson Connolly Southern has failed to secure permission for a housing development on a former caravan site in the New Forest, with an inspector concluding that the proposed density was too great having regard to the site's location and accessibility by non-car modes of transport.

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