Development Management Answers

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Current questions - can you help?

Q Under part 12, schedule 2 of the General Permitted Development Order 2015 as amended, local authorities have permitted development rights to carry out certain minor works on their own land in pursuance of their statutory functions. If a council wishes to erect a fence four metres high, could this be done under the height criteria set down in part 12? Or would it need permission under part 2, since the fence would exceed the height limits of two metres generally or one metre adjacent to a highway used by vehicular traffic set down in that part? MW

Answer or comment online at planningresource.co.uk/dmanswers or by emailing casebook@haymarket.com by Friday 13 December

Q A property owner submits a lawful development certificate application for a large house in multiple occupation (HMO. To secure the certificate, he must be able to prove that the building has been in continuous HMO use for more than ten years. It appears that the building was vacant for about 12 months at some stage, although it was in multiple occupation for the remainder of the requisite time period. Would this break in time constitute "abandonment" that could justify refusal of the certificate? JM

Answer or comment online at planningresource.co.uk/dmanswers or by emailing casebook@haymarket.com by Friday 20 December

Q In 1995, a garage was approved at a property. The applicant secured a "free go" on the application fee, following refusal of an earlier similar application. Now, 24 years later, the same applicant has submitted an application for three dwellings on the same site. This application has been invalidated for non-payment of a fee. Has the planning authority acted correctly, given the difficulties in finding out whether a "free go" has previously been granted on sites? JE

Answer or comment online at planningresource.co.uk/dmanswers or by emailing casebook@haymarket.com by Friday 3 January



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