I would agree with you on the protection of the AST in … The Inspector could have decided that the benefits were too remote but he did not. South Gloucestershire Council v Burge & Anor [2017] EWCA Civ 1313 (08 September 2017) Mansell vTonbridge And Malling Borough Council [2017] EWCA Civ 1314 (08 September 2017) High Court (Administrative Court) The Director of Public Prosecutions v Distill [2017] EWHC 2244 (Admin) (08 September 2017) Source: www.bailii.org It has also been recognised, in the Appeal decision Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314, that since a Class Q approval has been secured, this is a material planning consideration and can be used as a fall-back position for a future application for a replacement dwelling on the site of the Barn. • See also Coulson J in Forest of Dean DC v SSCLG & Gladman [2016] EWHC 421 (Admin) The issue in the recent Court of Appeal case of Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314 was whether a local planning authority was right to grant planning permission for the conversion of a large barn to residential use on the basis that this was preferable to the applicant carrying out development under permitted development rights. What would the terms explicitly state and to what level of information would I have to submit (if any) to the mortgage company should I opt for a BTL option? On 7 January 2016, Tonbridge & Malling Borough Council ("the Council") granted planning permission to Croudace Portland for the erection of four residential dwellings and associated access, parking and landscaping on land at Rocks Farm, The Rocks Road, East Malling in Kent. It has also been recognised, in the Appeal decision Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314, that since a Class Q approval has been secured, this is a material planning consideration and can be used as a fall-back position for a future application for a replacement dwelling on the same site. That was precisely the type of excessive legalism infecting the planning system which the decision in Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314 warned Courts to be vigilant against. On 8/17/2020 at 7:38 AM, raymanlam said: Thanks for your response Julia. Mansell Vtonbridge and Malling Borough Council: CA 8 Sep 2017 ‘Should the judge in the court below have quashed a local planning authority’s grant of planning permission for the redevelopment of the site of a large barn and a bungalow to provide four dwellings?’ • Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314 – After the decision of the Court of Appeal in Barwood it is no longer necessary, or appropriate, to refer to the first instance judgments in which the meaning of the presumption has been considered. Mansell v Tonbridge & Malling BC In September 2017, a judgment in the case of Mansell v Tonbridge & Malling Borough Council [2017] EWCA Civ 1314 was handed down by the Court of Appeal. 1. Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314 The Court of Appeal has clarified the position with regard to the floor area of buildings with Class Q permitted development rights and the approach taken by planning officers of considering a “realistic fallback provision” when advising councillors on a planning application. It has also been recognised, in the Appeal decision Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314, that since a Class Q approval has been secured, this is a material planning consideration and can be used as a fall-back position for a future application for a replacement dwelling on the site of the barn. The case concerned the grant of planning permission for four houses on land currently occupied by a tired bungalow and a large agricultural building. It has also been recognised, in the Appeal decision Mansell v Tonbridge and Malling bc [2017] ewca Civ 1314, that since a Class Q approval has been secured, this is a material planning consideration and can be used as a fall-back position for a future application for a replacement dwelling on the site of the Barn. Following Mansell v. Tonbridge and Malling BC [2017] EWCA Civ 1314, a planning benefit does not need to be certain to be material and the objective likelihood of a benefit being enjoyed in future must be relevant to weight. This entry was posted on Monday, January 6th, 2020 at 11:46 am and is … Introduction .
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