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Lovelock v First Secretary of State

An order quashing a planning inspector's decision to refuse planning permission for a proposed development was granted where the inspector had misconstrued national policy guidelines as to the provision of car parking spaces at new developments.

29 September 2006

The applicant developer (L) applied to quash a planning inspector’s decision refusing L planning permission for the sub-division of an existing dwelling house into two self-contained residential dwellings. The inspector had refused planning permission on the basis that the proposed development did not afford the occupier of the new unit a car parking space, which was contrary to the objectives of both national and local authority policy.

HELD: Application granted

The national planning policy guidance on transport and housing intended to reduce the demand for driving by car. Where developers did not intend to provide parking, then the relevant planning policy guidance sought to discourage the provision of parking unless the circumstances were exceptional. Absent highway safety issues, as in the instant case, it was difficult to see how the thrust of the policy meant that, where the occupier of a new dwelling would be so disadvantaged by the absence of a car parking spac...

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