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Appeals round-up: Pub with dance floor ‘not a restaurant’; Council must pay costs for misinterpreting GPDO

Words: Matt Moody
Planning appeals

A round-up of planning appeals: 9 February-15 February, 2019

Pub with dance floor ‘not a restaurant’

An inspector has upheld an enforcement notice alleging the unauthorised change of use of a Glasgow restaurant to a pub, citing its dance floor, dart boards and ‘extensive programme of live music’.

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Council must pay costs for misinterpreting GPDO

Colchester Borough Council has been ordered to pay costs for pursuing enforcement action against two shipping containers that were found to be permitted development.

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'Unfortunate timing' of article 4 direction prevents restaurant scheme

An inspector has upheld a council's decision to refuse prior approval for the conversion of a phone shop in Leyton into a restaurant, citing an article 4 direction that came into force after the application was submitted.

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Reliance on car travel outweighs Passivhaus benefits

A low-carbon home in the Norfolk countryside would not be sustainable development because of its inaccessible location, an inspector has ruled, despite the appellant’s plan to use an electric car.

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'Tallest school in Britain' blocked on design grounds

A ten-storey secondary school in Bromley has been rejected despite a 'pressing need' for school spaces, after an inspector ruled that a focus on a 'demanding educational brief' had yielded a design that would harm its surroundings.

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Brokenshire blocks fracking scheme on highways grounds

A Lancashire fracking operation that was approved by Sajid Javid in 2016 subject to the developer addressing highway safety concerns has been blocked, after its mitigation measures were deemed to have ‘fallen far short’.

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‘Extra care’ bungalows would be class C3 use, rules inspector

Plans for 30 retirement bungalows in Cornwall would constitute a standard residential use, an inspector has ruled, despite the appellant’s plan to restrict their occupancy to people who need at least two hours of care a week.

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£230k ‘starter homes’ would not be locally affordable

An inspector has rejected plans for 11 ‘starter homes’ in Dorset, ruling that they would be too expensive to meet the identified local need for affordable housing in the area.

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