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Development Control Casebook: Appeal cases - Retail development - Inspector considers alternative retail assessments
28 May 2004
In allowing an appeal by Aldi Stores Ltd for a 1,240 sq m food store in Northumberland, an inspector has accepted that it was appropriate to examine the need for additional retail floorspace on the basis of expenditure on convenience goods and within convenience businesses.
Development Control Casebook: Appeal cases - Mixed use development - Commercial gym judged harmful to amenity
28 May 2004
The use of part of a bungalow in Essex as a commercial gymnasium has been held to require planning permission, despite the appellant's assertion that the mixed use had existed for more than ten years.
Development Control Casebook: Appeal cases - Leisure and entertainment - Quad biking disruption rejected in rural area
28 May 2004
A proposal to use part of a field in Essex for quad biking for a period of one year between March and October has been rejected on the grounds that it would be severely damaging to the natural qualities of the area and would result in unacceptable hazards to road safety.
Development Control Casebook: Appeal cases - Leisure and entertainment - Paintballing judged acceptable in woodland
28 May 2004
An enforcement notice issued against paintball games in the Nidderdale area of outstanding natural beauty in North Yorkshire has been quashed after an inspector found that the activity was not harmful to the visual amenity of the landscape and did not have an adverse effect on the quality of local life.
Development Control Casebook: Appeal cases - Householder development - Extension falls foul of permitted height limit
28 May 2004
An inspector has refused to endorse a lawful development certificate confirming that a two-storey extension to a house in Kent was permitted under class A, part 1, schedule 2 of the General Permitted Development Order 1995, concluding that it breached a height restriction.
Development Control Casebook: Appeal cases - Housing: New build - Alternative layouts meet with mixed success
28 May 2004
Two proposals for alternative housing developments on a site in Staffordshire have met with mixed success after an inspector rejected the larger proposal because of its impact on the character and appearance of the area.
Development Control Casebook: Appeal cases - Commercial and industrial - Office buildings ruled beneficial near airport
28 May 2004
The construction of three office buildings near Aberdeen Airport has been approved after a reporter agreed that the scheme would not involve overdevelopment of the 0.75ha site and would represent a beneficial use of previously developed land.
Development Control Casebook: Appeal cases - Commercial and industrial - Sculpture manufacture accepted in countryside
28 May 2004
An inspector has quashed an enforcement notice and granted permission for the use of land and buildings in West Sussex for the manufacture, display and sale of timber sculptures. In reaching this decision, he upheld a second notice preventing the use of the land for social and entertainment events.
Development Control Casebook: Appeal cases - Commercial and industrial - Airport car parking supported on employment sites
28 May 2004
A proposal to use two areas of land allocated for business use near Manchester Airport for long-stay airport car parking has been approved, with costs awarded in favour of the appellant. The inspector ruled that the local planning authority had unreasonably refused permission contrary to the advice of its officers. Members had been swayed by considerable local opposition and had not produced sufficiently cogent evidence on landscape impact and noise to justify refusing permission, she concluded.
Development Control Casebook: Appeal cases - Commercial and industrial - Bund rejected as harmful to local landscape value
28 May 2004
The retention of a bund in a Bedfordshire area of great landscape value has been firmly rejected by an inspector who concluded that the structure was without visual merit and that this justified the council's decision to take enforcement action against it.
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