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Appeals round-up: Javid allows wind turbine after six-year legal battle; Five Guys Kensington access ‘far from ideal’ for disabled customers

Words: Matt Moody
Planning appeals

A round-up of planning appeals: 26 January-2 February, 2018

Javid allows wind turbine after six-year legal battle

Communities secretary Sajid Javid has approved plans for a wind turbine near Melton Mowbray first submitted in 2012, which was blocked by two of his predecessors and strongly opposed by local MP Alan Duncan.

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Five Guys Kensington access ‘far from ideal’ for disabled customers

The Kensington High Street branch of burger chain Five Guys must install a permanent access ramp, an inspector has ruled, dismissing the appellant’s claim that doing so would cost ‘hundreds of thousands of pounds’.

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Inspector allows large basement extension in green belt

Plans to excavate a large basement beneath an existing home in north-west London would accord with green belt policy, which prohibits ‘disproportionate additions’ over and above the size of the original building, an inspector ruled.

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Retrospective permission refused for listed building window removal

The owner of a grade II listed building in Cumbria who replaced its ‘rotten and dangerous’ upper floor windows has been refused retrospective permission for the works.

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Isle of Sheppey homes could affect mineral resources

Plans for 14 homes on the Isle of Sheppey have been refused in part for failing to submit a minerals assessment, despite the appellant’s argument that there would be no financially viable way to extract the minerals.

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Sui generis ruling means council offices can become housing under GPDO

In granting prior approval for the conversion of council offices in Weymouth to 56 flats, an inspector rejected comparisons to London County Hall, which was classed as unique by the Court of Appeal in 1989 because of its restaurant, library and shooting range.

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NPPF flood policy author’s intervention does not justify ‘floating homes’

Two ‘flood-resilient’ homes that can float during flood events have been refused, after an inspector cited conflict with national guidance prohibiting new homes on land at risk of flooding, despite an intervention from the author of those policies.

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Eco-home would not meet ‘evolving standard’ of NPPF paragraph 55

An inspector has refused plans for a technologically advanced carbon-neutral home in Worcestershire, ruling that it would not reach the ‘high and evolving’ standards required by paragraph 55 of the NPPF.

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Homeowners fall foul of occupancy condition after purchase

An inspector has upheld a planning condition restricting the occupation of a new-build home in Yorkshire, requiring the new owners to rent nearby for three years before they can live there.

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