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Appeals round-up: Outbuilding larger than average house would be incidental; Model railway shop’s continued retail use not certain

Words: Matt Moody
Planning appeals

A round-up of planning appeals: 26 June-2 July, 2021

Outbuilding larger than average house would be incidental

Plans for a covered swimming pool building that would be ‘larger than the average UK detached house’ would be ‘incidental’ to the appellant’s main property and therefore allowed under permitted development rules, an inspector has decided.

The Planner

Model railway shop’s continued retail use not certain

An inspector has refused a certificate of lawful use relating to a model railway shop in Tavistock that was believed to have traded since 1983, commenting that he could not be certain the use had carried on unchanged for the past 10 years.

The Planner

‘Very special circumstances’ justify green belt scout hut

An inspector has approved a scout group’s plans for a new headquarters on green belt land within a conservation area, commenting that the Covid-19 pandemic had ‘heightened awareness’ of the need for social, physical and educational activity for children.

The Planner

Opening student halls to tourists could affect nitrate neutrality

An inspector has refused the operator of student accommodation in Canterbury permission to let rooms to tourists during the summer months, citing concerns that increased occupancy could lead to nitrate neutrality problems at a nearby nature reserve.

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Swingers’ club ‘not a leisure use’

An inspector has upheld enforcement action against the use of a building near Heathrow by a naturist club during the day and a swingers’ club in the evening, ruling that the two ‘rather niche’ uses ‘clearly differed in character’.

The Planner

AONB retirement village would be ‘in the public interest’

Plans for a retirement village in the Chilterns AONB offering 133 assisted living homes can go ahead, an inspector has ruled, commenting that the local development plan was ‘plainly left wanting’ in addressing the need for extra care accommodation.

The Planner

456-home scheme allowed despite tall buildings policy

An inspector has approved plans for seven buildings of up to 15 storeys on part of a Tesco car park in New Malden, South London, despite a conflict with local policy concerning the location of tall buildings, citing the scheme’s ‘high-quality design’ and other benefits.

The Planner