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Planning Casebook Appeal Summaries

Train noise fatal to housing scheme

An inspector refused to grant outline permission for up to 40 houses on allotment land in a Leicestershire town because noise from an adjacent elevated railway line would make living conditions unsuitable.

Extra control over adverts removed

An inspector deleted a condition imposed by a London council on express consent granted under advertisement regulations for digital display screens on an InLink unit in the town centre, foiling a possible attempt to prevent deemed consent.

Loss of shop permitted under Class M

An inspector granted prior approval for conversion of a vacant ground floor dry cleaner's shop to a flat in a shopping parade in a London borough after deciding the change could be considered Class M permitted development.

Legal Viewpoint

Legal Viewpoint: Assessing outdated policies in framework relevance test

Paragraph 11(d) of the National Planning Policy Framework (NPPF) triggers a tilted balance in favour of sustainable development where there are no relevant development plan policies or where those policies "most important for determining the application are out of date".

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