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Planning appeal — the UK

92 Draycott Avenue, HA3 0BY

The appeal decision concerns an enforcement notice issued by the London Borough of Brent regarding unauthorized developments at 92 Draycott Avenue, including a front boundary wall, railings, electric gates, and new hardstanding. The appeal was made by Mr. Ali Hassan under grounds (f) and (g) of section 174 of the Town and Country Planning Act 1990. The main issues addressed were whether the requirements of the enforcement notice were excessive to remedy the breach of planning control (ground f) and whether the compliance period of six months was reasonable (ground g). The Inspector noted that the enforcement notice's purpose was to restore the site to its condition prior to the unauthorized developments. The appellant's arguments for retaining the structures with modifications for security reasons were acknowledged but deemed insufficient to remedy the breach, as the structures would remain. The Inspector concluded that the requirements of the notice were necessary and proportionate, emphasizing that any lesser steps would not adequately address the breach. Additionally, the six-month compliance period was found to be reasonable given the simplicity of the structures involved. Ultimately, the appeal was dismissed, and the enforcement notice was upheld with minor corrections for clarity. The Inspector's decision reflects a balance between the need for compliance with planning regulations and the appellant's concerns for security.

Appeal Split Decision — the UK

ENA-290-2013

Land Adjoining 13 Saw Mill Terrace, EH19 3FY

In the appeal decision regarding enforcement notice ENA-290-2013, the Reporter upheld the enforcement notice issued by Midlothian Council but varied its terms. The enforcement notice concerned the alleged unauthorized change of use of land from public open space to private garden ground and the erection of a fence at 13 Saw Mill Terrace, Bonnyrigg. The main issues revolved around whether a change of use had occurred and the accuracy of the enforcement notice regarding the land in question. The appellant argued that the alleged breaches had not occurred and that the requirements of the notice were excessive. The Reporter found that while the triangular area of land was indeed being used as private garden ground, the rectangular area directly in front of the property was not subject to a change of use, as it was owned by the appellant and had characteristics of a private garden. The Reporter noted that the enforcement notice did not require the cessation of the land's use, which could have led to planning permission being deemed granted if the notice's requirements were met. The Reporter declined to amend the enforcement notice to include additional requirements proposed by the council, as this would have caused injustice to the appellant. Ultimately, the appeal was partially successful; the Reporter upheld the enforcement notice but confirmed that the allegations regarding the rectangular area and a section of fencing were unfounded. The enforcement notice will take effect immediately, with compliance required as specified, but without the additional conditions sought by the council.

Planning appeal — the UK

PPA-130-2099

Inveraray Shinty Club, PA32 8XD

On July 9, 2026, Argyll and Bute Council refused planning permission for the erection of a telecommunications equipment compound, including a 25-meter high tower, at Inveraray Shinty Club. The refusal was based on several key issues concerning the proposal's compliance with local and national planning policies. The main arguments against the proposal highlighted its adverse impact on visual amenity, character, and appearance of the surrounding area. Specifically, the Council cited non-compliance with National Planning Framework 4 (NPF4) Policy 24 (Digital Infrastructure) and Local Development Plan 2 (LDP2) Policies 44 (Telecommunications), 15 (Historic Environment), 17 (Conservation Areas), and 20 (Gardens and Designed Landscapes). The decision emphasized that the development would negatively affect the Historic Environment, contravening NPF4 Policies 7 (Historic Assets) and 14 (Design, Quality and Place). The Reporter's reasoning underscored the importance of preserving the visual and historic integrity of the area, aligning with the Council's assessment of the proposal's incompatibility with established planning frameworks. As a final decision, the Council formally refused the application, allowing the applicant the option to request a review of the decision within three months if aggrieved. The refusal did not indicate any amendments to the initial proposal, nor did it classify the application as a departure from the Development Plan.

Appeal Recovered — BLACKBURN

APP/T2350/C/25/3375509

2 Northcote Park, BLACKBURN, BB6 8FB

The planning appeal decision letter pertains to an application for costs made by Mr. Stephen Woodward against Ribble Valley Borough Council following an enforcement notice regarding a detached garden room at 2 Northcote Park, Langho. The enforcement notice was issued on the grounds that the development did not comply with the approved planning conditions, specifically concerning the building's footprint and land levels. The main issues revolved around whether the Council's reasons for issuing the enforcement notice were reasonable and whether the applicant incurred unnecessary expenses due to the Council's actions. Mr. Woodward argued that the Council's rationale was vague and lacked substance, while the Inspector noted that the Council's reasons were clear and referenced relevant planning policies. The Inspector found that the Council had failed to accurately assess height measurements concerning permitted development rights, particularly given the sloping nature of the land. This misapplication of guidance led to the conclusion that the enforcement notice was unjustified, as the building was deemed to be lawful development. As a result, the Inspector concluded that the Council's actions constituted unreasonable behavior, causing Mr. Woodward unnecessary costs in the appeal process. Consequently, a full award of costs was granted against Ribble Valley Borough Council, which is required to pay Mr. Woodward's appeal costs, subject to assessment if not agreed upon.

Planning appeal — the UK

PPA-220-2096

89 Maybole Crescent, G77 5SY

The East Renfrewshire Council has refused planning permission for the change of use of a dwellinghouse at 89 Maybole Crescent, Newton Mearns, to short-term lets. The application, submitted on 17th March 2026, was denied on 18th May 2026, primarily due to concerns regarding compatibility with the surrounding residential properties. The Council determined that the proposed short-term lets would lead to an intensification of use that could adversely affect the amenity of neighboring residences. Key arguments against the proposal included the potential for increased noise and disruption, which the Council deemed incompatible with the existing residential character of the area. The decision cited non-compliance with several policies, specifically Policies 14 and 30(e)(i) of the National Planning Framework 4, as well as Policies D1 and D2 of the East Renfrewshire Local Development Plan 2. The Council concluded that there were no material considerations that warranted approval of the application. The decision letter also outlined the applicant's right to appeal the refusal within three months, detailing the process for submitting a Notice of Review to the Local Review Body. No specific conditions were attached to the refusal, as the application was entirely rejected.