Articles – page 76

9508 articles
Commercial Occupiers7 min read

A gym in a light industrial unit

Whether a gym needs permission in an industrial unit depends on the unit's lawful use class. Employment policy, impact noise and evening parking decide the rest.

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Scenario Walkthroughs7 min read

Walkthrough: a heat pump on a listed terrace

An illustrative walkthrough of an air source heat pump at a Grade II terrace, where the unit was approved quickly and the internal pipe route took three rounds.

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Refusals and Appeals7 min read

Appealing a refusal to approve details under a condition

Refusal of a discharge of conditions application carries a right of appeal under section 78. When to appeal, when to use deemed discharge and when section 73 is better.

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Report Deep Dives8 min read

Background sound level selection in a noise assessment

The selected background level moves a BS 4142 result more than the plant data does. How to read the distribution, justify exclusions and document the choice.

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Neighbours, Objections and Community7 min read

Construction hours, dust and deliveries next door

There is no national law setting construction hours. Find the condition or consent that applies, then send your complaint to the one team that can act on it.

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Planning Law Updates7 min read

Permitted development conditions and the effect of a breach

A breached condition in the General Permitted Development Order leaves the whole extension unauthorised, not just the non-compliant part. What follows and how to fix it.

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Fire, Structural and Basements7 min read

Facade retention: the structural case at planning stage

Councils will not check your calculations, but they will refuse a facade retention scheme whose deliverability is unevidenced. What to submit and what to commit to.

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Daylight, Sunlight and Amenity8 min read

Amenity harm and the presumption in favour of development

A failed Vertical Sky Component test is an input, not a reason for refusal. How to turn daylight findings into weight an inspector can use in the planning balance.

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Use Classes and Change of Use7 min read

Splitting one dwelling into two: the use position

Subdividing a dwelling always needs permission under section 55(3)(a). What decides the outcome is room sizes, refuse storage, cycle parking and overnight parking stress.

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Report Deep Dives8 min read

Desk study radius in an ecological appraisal

The search radius in an ecological appraisal decides what the report can conclude. How to set it from impact pathways, and how to handle record age and nil returns.

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Commercial Occupiers7 min read

A nursery in a converted office floor

A day nursery and an office are both in Class E, so the use change is usually free. Play space, the morning drop off peak and upper floor escape are the real tests.

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Scenario Walkthroughs7 min read

Walkthrough: a solar canopy over a supermarket car park

Canopy schemes over existing car parks rarely turn on the energy case. This illustrative walkthrough follows the drainage, tree and lighting issues that set the layout.

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Refusals and Appeals7 min read

When an application is invalid rather than refused

Invalidation is an administrative act, not a decision, so no appeal lies against it. The national list, the two year rule on local lists, and what to do next.

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Comparisons7 min read

Prior notification or prior approval: the difference

A Part 6 agricultural notification runs on 28 days and asks whether the council wants a say. Prior approval applications run on 56 days and carry a deemed grant.

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Commercial Occupiers8 min read

Extraction for a bakery against a restaurant kitchen

The planning procedure is the same for both. What changes is the filtration train, the condensate detail and the time of day the fan noise has to be assessed at.

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Scenario Walkthroughs8 min read

Walkthrough: a telecoms mast on a school site

Under Part 16 the authority can consider only siting and appearance. In this illustrative case sixty health objections changed nothing, and a playing field consultee moved the mast 60 m.

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Refusals and Appeals8 min read

Refusal for the loss of a community facility

Policies protecting community facilities are built around marketing and viability evidence. Most appeals are decided on defects in the marketing rather than on the viability figures.

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Planning Process7 min read

Transferring a permission and a change of applicant

Section 75 makes a permission a benefit of the land, so a buyer acquires it on completion with no form or fee. The levy paperwork and undischarged conditions are where the risk sits.

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Comparisons7 min read

Local plan representation or a planning application objection

A plan representation can remove an allocation or rewrite a policy. An objection can refuse or condition a scheme. Once a site is allocated, arguing the principle is wasted effort.

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Neighbours, Objections and Community8 min read

Trees next door: protection, notices and overhanging branches

Three regimes govern a neighbour's tree: a Tree Preservation Order needs consent, a conservation area tree needs six weeks' notice, and an unprotected tree can be pruned to the boundary.

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Planning Law Updates7 min read

The standard method for local housing need explained

Local housing need now starts from existing stock rather than household projections. The result is a minimum for plan making, not a target, a ceiling or a test for any single application.

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Fire, Structural and Basements8 min read

Fire planning for care homes and specialised housing

Class C2 residents cannot evacuate unaided, so the strategy is sideways movement into an adjoining compartment. That decision has to be made before the floor plan is fixed.

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Daylight, Sunlight and Amenity7 min read

Measuring existing windows for a daylight survey

External geometry can be measured from the street. Room depth and room use cannot, and that is where most daylight assessments are challenged at committee and on appeal.

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Use Classes and Change of Use7 min read

Flats above shops and ancillary residential use

Accommodation above a shop is either ancillary to the Class E use or a separate dwelling. Access arrangements usually decide which, and moving between them is a material change of use.

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