A: In an appeal decision from May 2009 (
A: A recent appeal decision (
A: Class A.1 (h) effectively states that development is not permitted if "the enlarged part of the dwellinghouse would extend beyond a wall forming a side elevation of the original dwellinghouse and would have a width greater than half the width of the original dwellinghouse". There is no qualification restricting extensions to one side only, so it seems they are permitted on both sides. While this could harm planning objectives, such as in green belts where retaining openness is important, such extensions can only be prevented by an article 4 direction withdrawing permitted development rights. John Harrison
It has been put to us that if a planning application is submitted for the demolition of an existing building in a conservation area and its replacement by a new building, there is no need for the applicant to submit a separate application for conservation area consent for the demolition because this is covered by the planning application. I cannot find anything in the legislation to support this view. We would welcome clarification. RA
An application was submitted by a tenant of the premises involved. A new owner then bought the property and lodged an appeal against refusal of the application. Section 78(1) of the Town and Country Planning Act 1990 states that only "the applicant" may appeal. I can find no legislative provision that allows the transfer of appeal rights. Is there scope for judicial review here? CN
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