{"id":38040,"date":"2023-11-03T17:39:51","date_gmt":"2023-11-03T17:39:51","guid":{"rendered":"https:\/\/newsblogsnew.ihbc.org.uk\/?p=38040"},"modified":"2023-11-03T17:39:51","modified_gmt":"2023-11-03T17:39:51","slug":"ihbcs-practice-signpost-character-and-appearance-of-the-streetscene-a-case-study-in-law","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=38040","title":{"rendered":"IHBC\u2019s Practice signpost: Character and appearance of the streetscene, a case study in law"},"content":{"rendered":"<h3><img loading=\"lazy\" decoding=\"async\" class=\"alignright  wp-image-37896\" src=\"https:\/\/newsblogs.ihbc.org.uk\/wp-content\/uploads\/2023\/10\/AOC_Portrait-300x256.png\" alt=\"\" width=\"191\" height=\"163\" \/>Roderick Morton, writing for <em>Local Government Lawyer<\/em>, examines just what is the \u2018streetscene\u2019 and the \u2018character and appearance of an area\u2019? based on a recent Court of Appeal ruling.<\/h3>\n<p><!--more--><\/p>\n<h2 style=\"padding-left: 40px;\"><em><span style=\"color: #800080;\">\u2026 decision is a welcome confirmation that \u2018character\u2019 is as important as \u2018appearance\u2019&#8230;<\/span><\/em><\/h2>\n<p><em>Local Government Lawyer<\/em> writes:<\/p>\n<p>In Kazalbash v SSLUHC and Hillingdon [2023] EWCA Civ 904 a developer proposed conversion of an existing dwelling with side extension into two dwellings. No external changes were proposed&#8230; The council refused permission because the sub-division\u2026 would have a different width to those of the remainder of the street which were fairly uniform. The council said this would be harmful to the character and appearance of the streetscene\u2026<\/p>\n<p>The refusal was challenged and upheld on appeal.<\/p>\n<p><strong>Comment<\/strong><\/p>\n<p>It is common in enforcement notices to bandy about words such as \u2018character and appearance\u2019 and \u2018streetscene\u2019 when giving reasons for the notice. The High Court decision was a warning that we must remember to think about what these words mean and carefully demonstrate that there is an impact, particularly when visual impact is small. The Court of Appeal decision is a welcome confirmation that \u201ccharacter\u201d is as important as \u201cappearance\u201d&#8230;<\/p>\n<p><em>Roderick Morton is a partner at Ivy Legal. This article first appeared in Ivy Legal&#8217;s monthly column for the Royal Town Planning Institute&#8217;s Network for Planning Enforcement (NAPE) newsletter.<\/em><\/p>\n<p><a href=\"https:\/\/www.localgovernmentlawyer.co.uk\/planning\/318-planning-features\/55321-character-and-appearance-of-the-streetscene\" target=\"_blank\" rel=\"noopener\">Read more&#8230;.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Roderick Morton, writing for Local Government Lawyer, examines just what is the \u2018streetscene\u2019 and the \u2018character and appearance of an area\u2019? based on a recent Court of Appeal ruling.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-38040","post","type-post","status-publish","format-standard","hentry","category-ihbc-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/38040","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=38040"}],"version-history":[{"count":1,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/38040\/revisions"}],"predecessor-version":[{"id":38041,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/38040\/revisions\/38041"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=38040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=38040"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=38040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}