tag:blogger.com,1999:blog-8170718846507476773.post51606065595118757..comments2022-12-13T14:45:12.233+00:00Comments on Martin Goodall's Planning Law Blog: Permitted development excluded in an AONBMartin H Goodallhttp://www.blogger.com/profile/07079479984296674469noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-8170718846507476773.post-68241867626886958192018-03-06T12:43:44.771+00:002018-03-06T12:43:44.771+00:00The development permitted under Class G of Part 1 ...The development permitted under Class G of Part 1 comprises the installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse. The only restriction in an AONB (or other “Article 2(3) land”, such as a conservation area) is that the chimney, flue or soil and vent pipe must not be installed on a wall or roof slope which fronts a highway, <i>and</i> which forms either the principal elevation or a side elevation of the dwellinghouse. [Note that this restriction applies only to a frontage where <i>both</i> of those qualifications apply.]<br /><br />Subject to this, my view is that the restriction under paragraph G.1(c) applies to any of the types of development mention in Class G, including the “alteration” of a chimney, flue or soil and vent pipe. However, it is moot point as to whether entire removal of a chimney amounts to an “alteration”. On the basis of case law (such as <i>Shimizu</i>, I suspect that it might do, and so could perhaps be caught by the restriction in paragraph G.1(c).<br />(But I would readily accept that this is open to a different interpretation.)Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-31851503226883958492018-02-15T14:45:07.168+00:002018-02-15T14:45:07.168+00:00Thanks for this and your other interesting article...Thanks for this and your other interesting articles. I'm trying to understand Class G. Would you agree that the total removal of a chimney stack is an alternation and as such is not an installation so is permitted even if on a roof which fronts the highway in an AONB? Samuel Simonhttps://www.blogger.com/profile/15479070118661427347noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-81836370537233610212016-09-30T15:20:31.818+01:002016-09-30T15:20:31.818+01:00In answer to Gerald Clayton (27 September), a laps...In answer to Gerald Clayton (27 September), a lapsed planning permission from as long ago as 1977 would have absolutely no relevance now as a potential consideration in relation to any current or future proposal for the development of the land. Any such proposal will have to be considered in light of <i>current</i> circumstances and, in particular, the development plan as currently adopted, together with existing designations such as the AONB. The existence of a planning permission at the time when the AONB was originally designated makes no difference at all; the AONB designation must be taken fully into account in relation to any application made now.Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-59008567536276640492016-09-27T07:36:11.101+01:002016-09-27T07:36:11.101+01:00Would a planning permission for housing in a villa...Would a planning permission for housing in a village,( lapsed in 1977) which was in existence when the AONB was set up in 1959 show that development was accounted for within the village boundary, and would this have any relevance to a fresh application. Thank-you.Gerald Claytonnoreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-22562598800544171932016-08-23T14:56:26.651+01:002016-08-23T14:56:26.651+01:00The issue raised is a matter of planning judgement...The issue raised is a matter of planning judgement. Development within sight of, but outside, an AONB (or outside a conservation area) could in some cases have an adverse visual impact on the designated area.<br /><br />Anyone can object to a planning application on any ground. It does not have to be a ‘valid’ objection. However, it is up to the decision-maker to determine what weight (if any) should be given to such an objection in practice.<br />Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-71610542575184302942016-08-18T10:05:49.360+01:002016-08-18T10:05:49.360+01:00Please can you help. We are applying for planning ...Please can you help. We are applying for planning permission for a single dwelling. The site is approximately 2 kms across the valley from the Malvern Hills AONB. It is outside the AONB. Objections have been raised that it could be seen (albeit at a distance) from the AONB. Is this a valid planning objection?Elizabeth Gwythernoreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-70804466169432114562016-04-25T11:55:42.787+01:002016-04-25T11:55:42.787+01:00Nigel Rayer’s question could only be answered afte...Nigel Rayer’s question could only be answered after a full consideration of all the facts and surrounding circumstances. This would require professional instructions and is not therefore a suitable point for comment here.Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-55353381788201029372016-04-24T03:21:39.360+01:002016-04-24T03:21:39.360+01:00Hello
Can you advise on planning laws in an ANOB ...Hello<br /><br />Can you advise on planning laws in an ANOB area regarding existing buildings that<br />were former cottages that have been uninhabited and no longer registered as housing<br />We own a building dates back to 1752 and last lived in around 1930/40`s we would like to obtain planning for residential use if possibleRaygunhttps://www.blogger.com/profile/06356570749439979808noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-17616464566538735122014-12-15T17:48:13.817+00:002014-12-15T17:48:13.817+00:00In answer to Pangbourne Hill, I cannot usefully ad...In answer to Pangbourne Hill, I cannot usefully add to the advice set out in my detailed note “<i>How to object</i>” which will be found on a separate page accessed from the top bar on this page.Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-48482414175342559292014-12-14T23:18:01.059+00:002014-12-14T23:18:01.059+00:00I live in Pangbourne in Berkshire and a planning a...I live in Pangbourne in Berkshire and a planning application has been lodged with West Berkshire for a housing development 35+ houses on agricultural land in an AONB. What might be our main plan of objections?<br /><br />Pangbourne Hillnoreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-44092019698412337412014-02-12T10:19:10.396+00:002014-02-12T10:19:10.396+00:00I am sorry that I am somewhat behind in moderating...I am sorry that I am somewhat behind in moderating comments at the moment. The question raised by ‘palmerm’ on 22/01/14 has also been puzzling me, but because I have not been called upon so far to advise on it professionally, I have not had time yet to get my head round it. It is in fact a topic with which I shall have to get to grips in the near future as it will have to be covered as a topic in the book I am currently writing.Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-38525623827807886072014-01-22T11:52:43.411+00:002014-01-22T11:52:43.411+00:00Hi I am also struggling with whether the permitted...Hi I am also struggling with whether the permitted development for <1m/2m high rule applies to walls etc in Conservation Areas now that GPDO has been changed as part of the bigger changes to Conservation Area Controls. All available advice on Planning Portal, barrister legal updates and local planning authority websites still states that demolition of walls under 1m (or 2m) within Conservation Areas is permitted development unless other controls apply. The GPDO amendment appears to preclude (relevant) demolition of all walls, fences, etc whatever their height.<br /> See the following amendment - <br />2013 No. 2435<br />TOWN AND COUNTRY PLANNING, ENGLAND<br />The Town and Country Planning (General Permitted<br />Development) (Amendment) (England) (No. 4) Order 2013palmermnoreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-82985308002874607262013-10-08T14:35:57.272+01:002013-10-08T14:35:57.272+01:00In reply to Dominic’s comment, I have been so busy...In reply to Dominic’s comment, I have been so busy recently that I have not yet had the chance to get my head round the new rules. I hope in fact to post on them in the blog. The answer to Dominic’s question may depend on the precise definition of ‘demolition’. If it has not been re-defined specifically in relation to the demolition of walls, fences, etc. then <i>Shimizu</i> might well apply, so that partial demolition would be seen simply as alteration of the wall, fence, etc. However, I shall need to check the precise wording of the new rules to confirm this. (Yet another task for which I shall need that elusive ‘round tuit’.)Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-75043644738696303932013-10-08T12:16:10.584+01:002013-10-08T12:16:10.584+01:00Hello Martin,
This is not strictly related to thi...Hello Martin,<br /><br />This is not strictly related to this post, but it seemed a good place to ask a question. You will no doubt be aware of a recent change to the Planning Act and a very recent change to the GPDO, which means that demolition of unlisted walls, fences etc now needs planning permission in conservation areas. I was wondering whether you thought Shimizu would apply in the same way it did for the need for conservation area consent, or whether planning permission will now be needed even when the demolition is not substantial (in terms of Shimizu).<br /><br />Many thanks,Dominic Heath-Colemannoreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-27518444112376365722013-10-08T08:33:37.190+01:002013-10-08T08:33:37.190+01:00The residents of AONBs and national parks suffer t...The residents of AONBs and national parks suffer the same discrimination, 40% of the English landscape is protected in some way yet the towns and villages are no different to those outside the suffocating boundaries.<br /><br />Who benefits? The elite who can afford to visit or perhaps buy a house? Evan Owen - Snowdoniahttps://www.blogger.com/profile/12228099681098123960noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-36281956472739224132013-10-07T19:00:13.115+01:002013-10-07T19:00:13.115+01:00Thank you this was a very helpful post.
In a recen...Thank you this was a very helpful post.<br />In a recent case I needed to know if an Article 4 Direction had been made restricting a certain type of PD in a particular AONB. Obviously there was a particular location in mind but that could not be revealed to the Council. It would probably save a lot of time and trouble if Uncle Eric were to require LPAs to publish all the different zone categories on their mapping systems.EMBhttps://www.blogger.com/profile/10104352206329768474noreply@blogger.com