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Enforcement notice amendment and late evidence leads to costs award

Friday, 11 May 2012, dcservices.co.uk

In deciding to uphold an amended enforcement notice relating to the use of land in Essex, an inspector decided that in some respects the council's behaviour had been unreasonable and this justified a partial award of costs in favour of the appellant.

Pig units ruled out due to odour

Friday, 11 May 2012, dcservices.co.uk

The retention of two pig rearing units in the countryside near York was rejected because odour and the storage of waste would harm the amenity of nearby residents.

Discontinuance notice incorrectly served

Friday, 11 May 2012, dcservices.co.uk

In striking down a discontinuance order affecting a site in North London, an inspector agreed that it had not been served on all those having an interest in the land.

Replacement of fingerpost signs rejected

Friday, 11 May 2012, dcservices.co.uk

A proposal by a restaurant to replace signs on a fingerpost in Brighton with advertisements was rejected due to harm to the conservation area in which it was located.

Restricted occupancy condition lifted given land separation

Friday, 11 May 2012, dcservices.co.uk

An agricultural occupancy condition restricting the use of a farmhouse in Lancashire was removed because the appellants had proven that it was no longer necessary.

Land on opposite sides of road in same planning unit

Friday, 04 May 2012, dcservices.co.uk

The siting of a mobile home to be used as ancillary accommodation at a house in Somerset was granted a lawful development certificate, even though it was on the opposite side of the road.

Animal farm different from market garden

Friday, 04 May 2012, dcservices.co.uk

An inspector decided to uphold an enforcement notice requiring the owner of land in Lincolnshire to stop using it as a visitor attraction involving the keeping of animals and the sale of plants.

Listed building harm only apparent to trained eye

Friday, 04 May 2012, dcservices.co.uk

A reporter sanctioned the retention of cement render on chimney stacks at a B listed house in Orkney, despite finding that the character of the building had been harmed by the works.

Soil contamination survey thwarts lawfulness claim

Friday, 04 May 2012, dcservices.co.uk

An inspector refused to issue a LDC confirming that a class A1 store and restaurant in the West Midlands could be built under the terms of a planning permission issued in 2006 because the appellants had failed to discharge a condition requiring the submission of a soil contamination survey.

Pharmacy secured within medical centre

Friday, 04 May 2012, dcservices.co.uk

An inspector was persuaded to grant permission for an extension to a medical centre in the West Midlands to form an integrated pharmacy on the basis that it would not unacceptably add to on-site parking pressure.

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