The developers of the presitigious, and large, Fairmont Hotel near Windsor has found themselves with an enforcement notice to demolish the hotel as they built it larger than approved. The Hotel was host to the recent signing of the Windsor Agreement betwen Rishi Sunak and the European Commission president Ursula von der Leyen.
The role of planning enforcement in controlling unauthorised development has come into the news with the demolition of The Crooked House pub. It is reported the Council did not agree for the wholesale removal of the building, but the owners did so anyway. Now we wait to see what action might be taken.
Research shows that the number of successful appeals has fallen to a 5 year low, at just 18% being allowed. Our guide gives advice on how to prepare and submit your planning appeal, to give you the best chance of getting your planning permission.
The lack of housing supply can be important in determining whether an appeal is successful: if there is a shortfall, there is a presumption in favour of sustainable development. A potential housing site that had been considered for development for many years in Surrey finally got the approval at appeal, partly on the basis of the need for housing.
Jeremy Clarkson's appeal for his farm shop and restaurant in Oxfordshire has finally been decided, with a partial victory for him: the shop remains with a car park for a temporary period, but his proposed restaurant cannot take place. Appeals can be complex, and are important to get right. See our book for more advice.
Developers who thought they could side-step the controls that exist with Tree Preservation Orders have found to their cost that TPOs are a high level of protection. Their work of clearing 270 was spotted, and they were fined, paid costs and now left with a Tree Replacement Notice - they have to replant them all.
Good design is sought by planning policy, which partly led to a dismissed appeal in Kent on the grounds of 'generic' design in an AONB. But that decision is now being challenged in the Courts by Berkeley Homes
In a rare decision, a developer has been ordered to pay costs at appeal on the grounds that their appeal had no reasonable prospect of success. Permission for 279 houses had been refused on the grounds of flooding and other matters, and in dismissing the appeal the Inspector found the case had no merit.
The award of costs against any party in planning appeals is relatively rare, but it is a risk to be aware of. A Council, an appellant or a third party are all at risk in having costs given against them if they behave unreasonably either during the course of the appeal, or in actions that led up to the appeal. A recent case in Yorkshire showed how a Council's failure to adequately explain why they refused permission led to the appellant's costs being paid by them. Our book explains how to minimise the risk of costs being awarded against you.
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