Sabtu, 26 Maret 2016

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Jumat, 25 Maret 2016

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Kamis, 24 Maret 2016

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Rabu, 23 Maret 2016

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Selasa, 22 Maret 2016

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Boat Plans Bateau


THE ESTEEMED early-20th-century boat designer William Atkin once designed for himself a 29-foot wooden sloop that was remarkable in my eyes for one particular thing — she had no companionway steps.

“If you drop down into the cabin of Ben Bow (and you will have to drop down because there is no companion ladder) you will find the bunks aft, then the galley, then two pipe berths, with a water closet near the foot of the mast,” Atkin wrote in his book Of Yachts and Men.

“As I have just mentioned, in Ben Bow we do not have a companion ladder. Sort of a man’s boat she is. We are not yet so old or stiff as to be unequal to scrambling in or out her cabin.

“Just two steps does it, one being a projection shod with a bit of brass on the bulkhead, the second being a corner of the starboard locker top. And so we are rid of a ladder, a piece of furniture which is always, I feel, too much in the way.

“The ladies? Well, God bless ’em, we might lower them away on the end of a rope. Somehow women generally do not love boats. Think they are a little jealous of them, just a little. Or perhaps their natures are too much alike . . . uncertain sort’a, and feminine, and — well I suppose I shall have to admit it — lovely.

“The cabin has among other features, one wide berth on the port side set high from the floor and with large lockers underneath. Even our old friend Abel Brown, who tells racy tales about berths, cannot quarrel much with the dimensions of this one; ‘big enough for perfect comfort under any situation,’ he might have remarked.”

It was surely a strange aberration that made Atkin omit a companionway ladder on his own boat. It wasn’t something he normally did on the hundreds of other boats he designed. It’s true that the darned ladder does take up precious space on a small boat, but if you’re a man who wants to share the pleasure of sailing with a wife or lady friend it is surely an act of gallantry to provide decent access from the cabin to the cockpit. Sort of like flinging your cloak into a puddle, so Her Majesty can keep her dainty slippers dry. Only more permanent. And a definite investment in marital bliss.

Today’s Thought
The hardest step is that over the threshold.
— James Howell,  Proverbs. No. 7

Tailpiece
Groucho Marx once opened a drawer by mistake in a friend’s home. He found a Colt automatic pistol surrounded by several small pearl-handled revolvers.
“My God,” he said, “This gat has had gittens.”


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Boat Plans Bartender



The natives are getting restless. NIMBYs in the Tory shires, their councillors and now back-bench Tory MPs in Middle England are getting upset about the number of planning appeals for significant housing developments that are being allowed on greenfield sites after they have been rejected by councillors.

This is the inevitable effect of the NPPF in the absence of up-to-date local plans that identify at least 5-yearsworth of housing land in their areas which is genuinely available for development within that time-span. If enough housing land is not allocated in adopted or emerging plans, then planning appeals on suitably located sites that could or should be allocated are very likely to succeed, whether the locals like it or not. Merely asserting that there is a 5-year housing land supply is not enough; appeal inspectors have been persuaded to view the figures critically and have decided in some cases that the council’s estimate cannot be relied upon.

No-one should be surprised by this. I wrote in this blog as long ago as November 2011:

In the absence of regional housing targets or similar centrally imposed policies, planning by appeal is the only means by which the reluctance of local planning authorities to allow sufficient development in their areas can be overcome. This approach might arguably be an unsatisfactory way in which to deliver much-needed development, but the government has left themselves little option, having abandoned a more structured policy-based approach.

Attempted High Court challenges to some of these appeal decisions have mostly failed, and so the ‘score’ of housing developments allowed on appeal is steadily rising. Much the same happened in the 1980s, when a similar requirement was imposed by Circular 9/80. The chorus of dissent gradually grew to a crescendo, until Maggie Thatcher was persuaded to throw the levers into reverse in 1987, and we then got ‘plan-led development’ instead.

I would not like to predict if or when the coalition government might be persuaded to pull back from its present policy on this issue, but the approach of a General Election in May 2015 could prove to be a persuasive factor. The performance of UKIP in local and European elections in May 2014 could have a strong influence on the government’s thinking on this issue (among several others). Videbimus.

© MARTIN H GOODALL

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Boat Plans Australia


You must hate me.

Last I left you with "Walls take shape" and then radio silence for six months.  Did I lose interest in the project? Get tragically killed by a falling jet engine?


No, Im not dead and the project is moving along albeit a little more slowly. I started grad school. Which means that I no longer have the time for such luxuries as eating and sleeping.  However, I still spent many weekends working on the boat.

So the blog is six months behind, but the shantyboat is six months further along. Things in store for you as I update the blog, walls, windows, roof, decks, steps, doors.  Cool things like that.

So feel free to send me an email urging me along with blog posts. Heres my commitment: For every email, I receive from a different blog reader, I will create a new shantyboat post.

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Dinghy Boat Plans



NOTE: For completely up-to-date and fully comprehensive coverage of this subject, we would strongly recommend readers to obtain a copy of the author’s new book - “A PRACTICAL GUIDE TO PERMITTED CHANGES OF USE” published by Bath Publishing in October 2015. You can order your copy by clicking on the link on the left-hand sidebar of this page.

As many readers have discovered, the interpretation of the rules on prior approval of the proposed residential conversion of agricultural buildings has been much more restrictive than we had been led to expect, and it has clearly not reflected ministerial intentions.

This is largely due to the actual drafting of the provisions in Part 3, Class MB of the Second Schedule to the GPDO. These really ought to be amended, but for various reasons ministers have not found an opportunity to do so, other than a minor change in April 2014 to make it clear that the provisions of the NPPF are to be taken into account only so far as they are relevant to the specific matters to which a prior approval application relates (e.g. highways and traffic, noise, site contamination, etc.).

In an attempt to counter the unduly restrictive approach that has been taken, both by LPAs and by the Planning Inspectorate, to Class MB in particular, the government amended their on-line Planning Practice Guidance last week, on 5 March, to explain their view as to how these permitted development rights are intended to operate.

The notes below summarise some of the points that have now been incorporated in the government’s online planning practice guidance.

Limits on building operations

On this topic, the new guidance does actually reinforce the approach which has hitherto been taken in these cases.

The definition of a “building” in Article 1(2) of the GPDO includes “any structure or erection” as well as any part of a building. This may be relevant in the context of the residential conversion of agricultural buildings, as it could in principle include various buildings and structures of unconventional, and perhaps in some cases rather insubstantial, construction. The well-known judicial authorities on what constitutes a building or structure could also be relevant in this context (e.g. Cardiff Rating Authority -v- Guest Keen Baldwin [1949] 1 KB 385, Skerritts of Nottingham v. SSETR (No.2) [2000] 2 P.L.R 102; [2000] JPL 1025 and R (Save Woolley Valley Action Group Ltd) v Bath and North East Somerset Council [2012] EWHC 2161 (Admin)).

However, the works permitted under Class MB(b) are restricted to what is reasonably necessary for the building to function as a dwellinghouse, and any partial demolition must also be limited to the extent reasonably necessary to carry out the building operations that are permitted by this class. This imposes a practical constraint on the convertibility of some buildings. Works that amount to substantial demolition and reconstruction or replacement of the existing fabric would go beyond what is permitted.

In their amended on-line practice guidance, the government has confirmed that it is not the intention of the permitted development right under Class MB(b) to include the construction of new structural elements for the building. Therefore it is only where the existing building is structurally strong enough to take the loading which comes with the external works to provide for residential use that the building would be considered to have the permitted development right.

In any event, the development under Class MB(b) must not consist of building operations other than the installation or replacement of windows, doors, roofs, or exterior walls, or water, drainage, electricity, gas or other services, to the extent reasonably necessary for the building to function as a dwellinghouse, and partial demolition to the extent reasonably necessary to carry out the building operations listed here. Furthermore, the development must not result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point.

The inclusion of roofs and walls in the list of items that can be installed or replaced as part of the building operations permitted by Class MB might be thought to allow scope for some significant rebuilding or replacement of the existing fabric, but an appeal decision in Bedfordshire, issued in February 2015, provides clear confirmation that the extent of the proposed building operations must not go beyond what is “reasonably necessary” for the building to function as a dwellinghouse, so that substantial demolition of the building and its effective replacement would be outside the scope of the development that is permitted. This is a factor which will clearly be a material consideration in the consideration and determination of the prior approval application

The strict limitation on the works that may be carried out under Class MB(b), combined with the condition that they must not extend outside the envelope of the pre-existing building, does not allow the creation of any hard surface or other engineering works (such as the laying of gravel) to provide any hard surfaces within the curtilage for the purposes of parking, or the provision of a patio, etc. Nor is there any provision (as there is in Classes M and MA) for permitted development under Part 41, Class B that would allow any such works to be carried out. Furthermore, such works cannot be carried out under Part 1 of the Second Schedule, because such development is specifically excluded by Class MB. Planning permission will therefore be required if it is desired to incorporate any such facilities in the development, and all the usual policy considerations relating to development in the countryside will apply to the determination of such an application.

A further appeal decision in Nottinghamshire also illustrates this point. The inspector in this case held that the proposed barn conversion would involve such major changes and reconstruction as to go beyond the scope of the development permitted by Class MB(b). The building had a metal frame and walls comprising a single metal skin, plus an element of blockwork, and a roof of corrugated asbestos fibreboard. What was required to enable the adaptation of the building for residential use amounted to substantial demolition and reconstruction of the building, plus various physical alterations. This was quite clearly beyond the scope of Class MB(b).

The National Planning Policy Framework

When determining a prior approval application, the LPA must also have regard to the National Planning Policy Framework (issued by the Department for Communities and Local Government in March 2012) so far as relevant to the subject matter of the prior approval, as if the application were a planning application. The words in italics were added to the GPDO with effect from 6 April 2014.

This amendment became necessary because, when determining prior approval applications under Class J, LPAs had been interpreting paragraph N, including the words “as if the application were a planning application”, as giving them a wide discretion to take into account other policy considerations in addition to the short list of criteria set out in Class J. The amendment makes it clear that the only policies in the NPPF that can be taken into account in determining an application for prior approval are those that are relevant to the strictly limited criteria set out in respect of the specified class of development. This has been confirmed and reinforced by appeal decisions, where inspectors have been robust in excluding considerations that go outside those parameters.

This point has been further reinforced by the amendment to the government’s on-line Planning Practice Guidance, which points out that this procedure was amended in April 2014 to make clear that the local planning authority must only consider the NPPF to the extent that it is relevant to those matters on which prior approval is sought, for example, transport, highways, noise etc.

In relation to Classes MA (conversion of an agricultural building to use as a school or nursery) and MB (residential conversion of an agricultural building), in particular, the revised ministerial practice guidance explains in some detail how an LPA should approach the question as to whether the location or siting of the building makes it otherwise impractical or undesirable for the building to change from agricultural use to residential use. The practice guidance makes it clear that when an LPA considers location and siting it should not be applying tests from the NPPF except to the extent these are relevant to the subject matter of the prior approval. So, for example, factors such as whether the property is for a rural worker, or whether the design is of exceptional quality or innovative, are unlikely to be relevant. (This is explained in more detail in the note on rural development policy below.)

Limits on dwelling numbers

Paragraph MB.1(c) provides that the cumulative number of separate dwellinghouses developed within an established agricultural unit must not exceed three. There has been some confusion over the precise interpretation of this provision but, in amending their on-line Planning Practice Guidance on 5 March, the government has made it clear that it was their intention that the total number of new homes (3 dwellinghouses) should not include existing residential properties within the established agricultural unit, unless they were created by the use of this permitted development right on a previous occasion, in which case they would be counted.

The Planning Inspectorate can be expected in future to apply this guidance in determining planning appeals where this point is in issue, in contrast with a previous appeal decision in which one inspector held that the 3-dwelling limit applied to all such dwellings, and was not limited only to the number created under Class MB. The effect of that appeal decision was that any dwellings already in existence on the agricultural unit would count towards this total, so that if there were already three built under previous planning permissions, then no more could be created under Class MB.

The revised ministerial guidance in the government’s on-line Planning Practice Guidance does not, however, resolve the difficulty posed by the drafting of the Order. The interpretation of legislation does not depend on what ministers think it says or would like it to say. The courts may not, therefore, agree with the advice set out in the government’s online practice guidance, if a local planning authority were to challenge this interpretation of the 3-dwelling limit in a future case.

Rural development policy

One of the criteria to be considered by the LPA when determining an application for prior approval of proposed development under Classes MA and MB(a) (both relating to conversion of an agricultural building), but not under Class M, is whether the location or siting of the building makes it impractical or undesirable for the building to change from agricultural use to use as a school or nursery (under Class MA) or to a residential use (under Class MB(a)). This has proved to be a major stumbling block for applicants in obtaining approval of these proposed conversions of agricultural buildings. Ministers did not intend to allow LPAs such broad scope for rejecting proposals for the conversion of agricultural buildings, but the drafting of Classes MA and MB has up to now been interpreted as giving an LPA a considerable measure of freedom to refuse the application on policy grounds. At least half of all such applications for residential conversion under Class MB up to the early part of 2015 are thought to have been refused (and there was anecdotal evidence that there had been an even higher rate of refusal in some areas). Furthermore, by early 2015, 9 out of 10 of the appeals against such refusals had been dismissed by the Planning Inspectorate (a significantly higher proportion than in other types of planning appeal).

This has prompted the government to amend their on-line Planning Practice Guidance to address in particular the issue as to whether the ‘sustainability’ of the proposed development is intended to be a material consideration in determining an application for prior approval of the proposed change to residential use. The revised ministerial guidance makes it clear that the permitted development right does not apply a test in relation to sustainability of location. This is deliberate, as the right recognises that many agricultural buildings will not be in village settlements and may not be able to rely on public transport for their daily needs. Instead, the local planning authority can consider whether the location and siting of the building would make it impractical or undesirable to change use to a house.

The revised practice guidance then goes on to explain what is meant by “impractical or undesirable” for the change to residential use. Impractical or undesirable are not defined in the Order, and the LPA should apply a reasonable ordinary dictionary meaning in making any judgment. “Impractical” reflects that the location and siting would “not be sensible or realistic”, and “undesirable” reflects that it would be “harmful or objectionable”.

When considering whether it is appropriate for the change of use to take place in a particular location, an LPA should start from the premise that the permitted development right grants planning permission, subject to the prior approval requirements. That an agricultural building is in a location where the LPA would not normally grant planning permission for a new dwelling is not a sufficient reason for refusing prior approval.

There may, however, be circumstances where the impact cannot be mitigated. Therefore, when looking at location, LPAs may, for example, consider that because an agricultural building on the top of a hill with no road access, power source or other services, its conversion is impractical. Additionally, the location of the building whose use would change may be undesirable if it is adjacent to other uses such as intensive poultry farming buildings, silage storage or buildings with dangerous machines or chemicals.

When an LPA considers location and siting it should not therefore be applying tests from the NPPF except to the extent these are relevant to the subject matter of the prior approval. So, for example, factors such as whether the property is for a rural worker, or whether the design is of exceptional quality or innovative, are unlikely to be relevant.

Adopted policies in the Development Plan are also capable of being a material consideration when determining a prior approval application, but it is clear from the revised ministerial practice guidance that adopted policies on development in the open countryside, development in the Green Belt (where applicable) and sustainable development, especially taking account of the availability or non-availability of easily accessible local services and any generation of car-borne movements that might arise from this will not usually be relevant and are unlikely to be valid reasons for refusal of a prior approval application.

© MARTIN H GOODALL


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Boat Plans Building


IT’S HARD TO EXPLAIN to a landlubber what offshore sailing is all about. But William G. Homewood found a way to do it, after he had raced from Newport, Rhode Island, to Bermuda and back in a Ranger 26.

This is his description, as recorded in Richard Henderson’s book, Choice Yacht Designs:

“First, at home, you should go into the bedroom fully dressed and pour a bucket of water over your head. Put on your foul-weather gear and harness.  Prop up one side of the bed to an angle of 20 degrees, then pour a bucket of water over the pillow and bedding.

“Engage the services of a fork-lift (and operator) who will lift one corner of your house up into the air six feet and then let it drop down with a bang.  He should do this all night long, intermittently, without warning. Now, go to bed.

“After one hour of sleep it will be time to get out of bed, open the sliding door to the balcony, and peer out (checking the sails). At this moment a friend, well hidden, should throw a bucket of water onto the back of your head. Your jacket hood must be in the off position, as this will allow the water to run down your neck. . . .  As  you turn to go back into the bedroom, another well-hidden friend should club you over the head with a two-by-four. This simulates head blows from the  bulkheads. . . .”

There’s more that a landlubber needs to know, of course. You should fill your rubber boots with water and you should remember to throw up only on the lee side of the cockpit. You should preferably practice walking with one leg shorter than the other so as to remain upright on the slanted deck and you should develop arms like a gorilla’s so you can hang on to the handholds when a wave tries to wash you overboard.

You should also practice holding your bladder for at least eight hours because it’s impossible to get a hand on the outlet from your urinary tract when you’ve got a whole bunch of layers of clothing and waterproof pants on.

As for cheerful, sustaining hot meals — um, well, sorry feller. Ain’t gonna happen.

Today’s Thought
We have all sinned and come short of the glory of making ourselves as comfortable as we easily might have done.
— Samuel Butler the Younger, The Way of All Flesh

Tailpiece
Adolescence is a period of rapid change. Between the ages of 12 and 17, for instance, a parent can age as much as 20 years.

(Drop by every Monday, Wednesday, Friday for a new Mainly about Boats column.)


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Boat Plans Arch Davis


With both decks on, I could be an obsessive woodworker again.


First I shimmed up any really large gaps with thin pieces of wood, epoxying them on. Then I routed all the edges.


Once I sanded down the bumps and the previous coat of fiberglass, there were still some larger structural gaps that I wanted to fill with thickened epoxy.


Some of my epoxy kicked off Before Its Time with billows of smoke. Exciting.


I filled the small spaces and the screw holes with latex wood filler. Filling small cracks is more than aesthetic, when the fiberglass goes over the decks, any cracks or spaces will create air pockets behind the fiberglass. Thats bad.


Then I sanded everything smooth as butter with an orbital sander. Fancy.

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Boat Building Plans And Kits



The first of the judgments I mentioned in this extended article (Nicholson) related to a breach of condition, and this is a type of breach that has troubled the courts on several other occasions, particularly with regard to occupancy conditions. The previous judicial authorities on the topic were helpfully reviewed in the judgment in Ellis v. SSCLG [2009] EWHC 634 (Admin).

This case had been the subject of an LDC application which had been dismissed on appeal by an Inspector. Between 1961 and June 2000 a cottage was occupied in breach of an agricultural occupancy condition. From June 2000 to October 2001 the cottage was vacant while it was being renovated. From October 2001 to July 2003 the cottage was again occupied in breach of the occupancy condition. From July 2003 to October 2003 the cottage was unoccupied during a gap between tenants. From October 2003 to November 2006 the cottage was again occupied in breach of the occupancy condition. From November 2006 to March 2007 the cottage was unoccupied. In particular, it was unoccupied at the date when the LDC application was made.

There had undoubtedly been more than 10 years’ uninterrupted breach of the condition from 1961 to 2000, so that by that time immunity from enforcement had long since been achieved in respect of that breach of the condition. However, this case illustrates the important distinction between a breach of condition and a change of use, where the rule in Panton would have applied after 2000 in the absence of subsequent abandonment of the use. As the deputy judge emphasised, Panton did not concern a breach of condition as Ellis did.

The deputy Judge in Panton had held that, if immunity from enforcement is acquired in respect of a material change of use, that immunity could only be lost by abandonment, by the formation of a new planning unit or by a further material change of use. That was based upon well-established principles of planning law: see Hartley v MHLG [1970] 1 QB 413, at pp. 420-421 (Lord Denning MR); and Pioneer Aggregates (UK) Ltd v Secretary of State for the Environment [1985] AC 132, at pp. 143-144 (Lord Scarman). However the deputy judge in Ellis accepted the submission for the Secretary of State that material changes of use are to be treated in a different way from breaches of condition and that this distinction was recognised in Panton itself.

Reference was also made to the earlier judgment in N Devon DC v. SSE and Rottenbury [1998] PLCR 356, which was another AOC case. In that case, the dwelling was adapted for holiday accommodation for short lets between May and September each year. In the period from October to April the premises were not occupied at all. An LDC was sought on the basis that the cottage had been used as a holiday cottage for more than 10 years without complying with the AOC. In an appeal against the LPA’s refusal to grant an LDC, the Secretary of State granted the certificate, because “such seasonal occupation, while intermittent, could nevertheless be regarded as part of the normal, regular pattern of use of the property as a dwelling-house for holiday accommodation in breach of the condition, which, in the absence of any evidence of alternative or intervening uses remains subsisting throughout any period of non-occupation, and is not therefore considered to have given rise to a fresh breach of the condition each year”.

The deputy judge in North Devon concluded that there would normally be no breach of the AOC (which clearly required that the premises were not to be occupied otherwise than by persons employed or last employed locally in agriculture) if the premises were vacant in the sense of not being occupied by anybody. Counsel for the Secretary of State, in seeking to defend his appeal decision, had submitted that “occupation is a function of use”, but the court held that the two terms should not be elided, and it was on this basis that the appeal decision was quashed.

In North Devon, the deputy judge did nonetheless opine that “clearly, continuous physical occupation is not require for there to be occupation in breach”. However, beyond that brief comment, he declined to indicate any guidelines on the interpretation of the word “occupation”.

Reference had been made in that case to an earlier judgment in Mitchell v. SSE [1992] JPL 553. The deputy judge in North Devonfound the cited report unhelpful (due to the apparent lack of reasoning, at least as reported), but the deputy judge in Mitchell had at least found that the inspector in that appeal had not misunderstood the concept of occupation when he concluded that the AOC was not offended, even though the owner (who was a retired person “last employed in agriculture”) in fact lived in Spain but kept some of his furniture in the house. It was the owner’s son (not employed in agriculture) who actually lived in the house. There was no breach of the AOC because the person in “occupation” within the meaning of the condition was the owner. He satisfied the condition. He was in control of the property. He was the person in “occupation” until March 1986, when it was then let to someone else. It had been argued on behalf of the LPA that the inspector had wrongly introduced the test of “possession” or “control”, but other than rejecting that submission, the deputy judge had not explained the point. In retrospect, it appears that little reliance can be placed on Mitchell, which does not appear to be consistent with other more recent decisions.

North Devon was subsequently the claimant in another case involving a breach of condition. This was N Devon DC v FSS and Stokes [2004] 3 PLR 62. That case involved a condition restricting the occupation of bungalows to the period between March and November each year. A CLEUD was sought in circumstances where the bungalows had been occupied all year round for a period of ten years. The council asserted that there were separate breaches every year and relied upon Nicholson to support a submission that those breaches could not be aggregated to constitute the necessary ten-year period. Sullivan J (as he then was) rejected that submission, holding that it was not appropriate “mechanically” to apply the dicta in Nicholson to cases involving conditions that could not be breached throughout the year. This case was clearly distinguishable from the AOC cases.

Reference was also made in Ellis to the Court of Appeal’s decision in Fairstate Ltd v FSS [2005] EWCA Civ 283. That case did not concern a breach of condition so much as a material change of use, by reason of the operation of the section 25(1) of the Greater London (General Powers) Act 1973, as amended, which provided that for the purposes of what is now section 55(1) of the 1990 Act, the use as temporary sleeping accommodation of any residential premises in Greater London (defined by the Act as less than 90 days) involves a material change of use of the premises and of each part of the premises which is so used.

In Fairstate the question at issue (as Ward LJ put it in his judgment) was “what if any breach of planning control occurs where the use to which a London flat was put changed over three stages – (1) for more than ten years as temporary sleeping accommodation which made that unauthorised use lawful, but (2) with a change for about five months to longer-term residential occupation, and finally (3) reverting back for the next four years to temporary sleeping accommodation.” It was common ground between the parties in that case that, at stage (1), use of the flat for temporary sleeping accommodation was a material change of use that had become a lawful use by virtue of section 191(2) of the 1990 Act. Nevertheless, it was held by the Court of Appeal that the change from stage (2) to stage (3) (from permanent back to temporary sleeping accommodation) was a further breach of planning control in respect of which enforcement action could be taken.

Fairstate clearly turned on the particular effect of the 1973 Act in Greater London. It is an example of one change of use, which had become immune from enforcement and therefore lawful, being ‘killed off’ by a further change of use, so that when a third change of use took place, this was a fresh breach of planning control that could not benefit from the lawfulness of the earlier identical change of use, even though such changes of use would not have been material in planning terms if they had taken place outside Greater London. Fairstate clearly did not assist the claimant’s case in Ellis, and is unlikely to be of any assistance in other cases, not least because (as the deputy judge in Ellis pointed out) the legal issue which arose in Nicholson, and had been raised again in Ellis, was not before the Court of Appeal in Fairstate, namely whether the relevant breach of planning control must subsist at the time of an application for a CLEUD.

If you have followed the various judicial authorities cited in previous parts of this article, it should come as no surprise that the claimants case in Ellis was unsuccessful.

I propose to leave it there for today, and to make some general observations and draw some conclusions in the next and final part of this article.

© MARTIN H GOODALL

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Boat Plans Arch Davis


SOME YEARS AGO, about this time, I was pulling up the anchor on my boat when I injured my back. I herniated a disc. It was my own fault, I guess. What actually happened was that the shackle that joins the chain to the rope got stuck in the bow roller. I was in a hurry to get the anchor up, because we were too close to another boat, so I impatiently gave an extra-hard jerk on the line, instead of leaning over to ease it through by hand. The shackle popped through and at the same time a vertebra in my lower back went pop, too. It pressed against a nerve, and my right foot went numb.

I’m happy to say that my little injury has now mostly cured itself, as most injuries to the body do, given time. At least, it doesn’t hurt so much. But I still give much thought to the universal problem of raising the anchor, especially when you’re singlehanded.

You can use a winch to extract the anchor from the seabed, but as soon as it comes free, your boat will start to drift, most likely sideways into the anchored boat alongside you. The winch is just too slow for the distance the anchor must travel from the seabed to the bow roller. You need to be at the tiller and mainsheet or engine controls immediately the anchor comes unstuck. So you have no option but to haul it up by hand as fast as you can.

But the answer is simple. It was suggested in a conversation I had the other day with the owner of a MacGregor 26. It is the lightweight anchor. The very lightweight anchor. Not one of those ordinary lightweight aluminum things.

I have refined the concept and invented the Vigoranka Collapsible Anchor©. It weighs almost nothing. It saves space. You can fold it up or crush it into a tiny space without harming it. It is going to revolutionize anchoring as we know it.

The Vigoranka© works on the principle that water is very heavy in air but light in  water. So all you have to do is lower the sturdy plastic Vigoranka© into the water and let it fill. It will hold 75 pounds of water. Now when you consider that a 35-pound CQR will hold a 32-foot sailboat in almost any conditions, you can surely see the advantage of using an anchor that weighs more than twice as much.

But you can easily raise it to the surface by hand, and as it comes out of the water you simply flip a little valve and all the water drains back out into the sea, allowing you to bring the Vigoranka© aboard with one hand and no strain whatsoever.

Frankly, I am amazed that no-one has thought of this before. But then, no-one thought of Twitter before Twitter was invented, and now the world is just full of tweets everywhere. Which just goes to show you. 

Today’s Thought
The wonder is always new that any sane man can be a sailor.
—Emerson, English Traits

Tailpiece
“How’s the bird breeding going?”
“Great. I just crossed a homing pigeon with a parrot.”
“What for?”
“If the pigeon gets lost it can ask the way home.”

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Drifter trimaran plans Some images on Drifter trimaran plans Free Wooden Drift Boat Plans Drifter Sail Sleek Drifter 17 Trimaran Cabin Design More Drifter Trimaran Plans Available Building the Drifter 17 Trimaran – Interview with Mark Gumprecht
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Boat Plans Aluminum


IF IT LOOKED like you had drowned in Massachusetts in the 18th century, someone was certain to come along and blow smoke up your ass. That was the published instruction, although more politely expressed. The official version was that victims of drowning were to be revived by blowing tobacco smoke up the victim’s rectum while bathing the victim’s chest with hot rum.
You may well wonder how the smoke inflation was accomplished. I can only tell you that it wasn’t done cheek-to-cheek. Special machines were built for this purpose. I have never seen a picture of one, so I can’t tell you what they looked like, or how they worked. All I know is that it wasn’t an original New England practice. The idea apparently came from The Netherlands.

Dutch people were always falling into the canals and drowning, apparently, so, in 1767, they founded the Amsterdam Society for the Rescue of Drowning Persons. These poor souls were to be taken into a house where their airways could be inspected. Their wet clothes would be removed and they would be warmed up by being rubbed with woolen clothes, after which “tobacco smoke fumigation” was administered per rectum.

More was to come. Moderate bleeding could be performed from the arm or neck, and if signs of swallowing were observed (not earlier) some hard liquor could be poured into the mouth. Spirits of ammonia could be held under the nose.

If all this brought no  results, the society advised that the victim should be laid in a warm bed accompanied by a naked person to provide natural heat. 

In 1787, The Institution of the Humane Society of the Commonwealth of Massachusetts was founded, and the Dutch smoke-blowing trick was adopted in the New World.

Because boaters are more likely than ordinary landlubbers to come across drowning people, it might pay them to invest in a pack of cigarettes and a reliable lighter. (I’m not sure that nicotine vaping would do the trick.) But I leave it to you to figure out how to transfer the smoke from your mouth to the victim’s wotsit. It might need some thinking about.

Today’s Thought
The great secret of doctors, known only to their wives but still hidden from the public, is that most things get better by themselves; most things, in fact, are better in the morning.
— Dr. Lewis Thomas, President, Memorial Sloan-Kettering Institute for Cancer Research, NY Times, 4 Jul 76

Tailpiece
A game park in Texas has reported an extraordinary cross between a lion and a parrot. A park spokesman admitted yesterday that they’re not quite sure yet what they’ve got, but when it talks everybody sure sits up and listens.

(Drop by every Monday, Wednesday, Friday for a new Mainly about Boats column.)


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Boat Designs And Plans


Is it hot in here, or is it just me?  I spent a rainy Felton afternoon checking out shanty boat info on the World Wide Web.  While there are many amazing photos and stuff, today boat plans are making me hot.  Check this shit.

This is the Escargot Canal Cruiser, designed by Phil Thiel of Seattle.  I found it on Bryan Lowes amazing Shanty Boat Living blog.  This entry chronicles Bryans journey building this cute boat.




This is Bill Durhams House-Punt.  Apparently, this one is a bit of a mystery, but here Bryan Lowe talks about it.




This is William Atkins Retreat - An 18 Shanty Boat Deluxe.  I like the simple hull design.  Heres William Atkins site with the plans.




This is the Glen-L Classic Barge-style Houseboat. These plans come from an old skool boat design house.  The boat boasts: Incredibly simple curve-free construction, Easy, quick project for anyone who can handle basic woodworking tools, and Uses ordinary materials available anywhere at bargain prices.  It is reviewed in this article from Shanty Boat Living.  



Heres an amazing 1899 houseboat plans that Bryan Lowe of Shanty Boat Living turned up.  It is beautiful in its simplicity.  Check out this article that pulls illustrations out of a book called Woodworking For Beginners: A Manual for Amateurs.  That sounds right up my alley.





 This is Paul Brownes Lisa B Good, a trailerable shanty.  Also described on Shanty Boat Living in this article.  Here are the full plans.



Okay, whew.  I think I have to go be by myself for some "private time" for a little while.



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Boat Plans Nz



Gorge Fly Shop Weekly Fishing Reports

"Fly Fish the World with Us"



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Senin, 21 Maret 2016

Boat Plans Butler


It takes teamwork to land these fish - Adam Tavender

I first was lucky enough to make it to the Dean River on the central coast of British Columbia for my first trip in 09. The Dean is the most revered river in the world among steelhead and salmon fly fisherman. If you are reading this, you likely already know that. So for me as a broke fishing guide, the opportunity to see this magical place and wade in the Deans sacred green waters for a week was a feeling that is impossible to describe. To say that I was riding a high on the float plane ride-in would be a gross understatement. As soon as I touched down on the bay and saw the place, I knew this would have to be an annual trip for me that I wouldnt want to ever skip.

Grantham falls is adjacent to the lodge while the Hickmans tug 
WyEast is moored in the bay out front
What makes the lower Dean River so special is tough to understand until youve been there. The place has a powerful energy. A large fjord called the Dean Channel delivers saltwater far inland to the heart of the impressive and dramatic BC Coast Range mountains. This places the mouth of the river directly in the middle of the large glaciated mountains. Views from the river include 8500ft peaks rising nearly vertical from sea level. Water falls cascading over a thousand feet, glaciers and untouched wilderness. While soaking up the views, your nose is filled with that refreshing coastal ocean air. Ive even had a pod of Orcas swim past me just off of the rivers mouth while standing alone knee deep in the rivers lowest run called Sub Tidal.

Fishing was tough by Dean standards that first week, but I had a blast and caught some of the nicest steelhead I had ever seen including battling the largest steelhead of my life for 30 minutes before defeat.



Release!
Anytime you can encounter a steelhead or Chinook is a special thing and these steelhead and Chinook are about as special as they come. These deeply wild fish have been locally adapted to navigate the fierce Dean canyon. Called the falls by many, it is essentially a half mile long Class 5+ rapid less than two miles from the slat water. Weak and smaller fish are unable to ascend the canyon. The fish in the lower river are supercharged to power through the canyon. They have robust shoulders, oversized paddle tails, mirrored sides and totally translucent fins. From June- September there are no fish more fresh from the salt or higher quality anywhere.

Kathryn battles Chrome!
My love for this place, along with the willing nature and trust of my wife Kathryn, led us to take out a big loan last year in the Spring of 2014 and make the biggest leap of faith of my life. We bought the small fly fishing lodge situated above the saltwater near the mouth of the Dean River. We bought the lodge from the Blackwell family and have since renamed the lodge Kimsquit Bay Lodge. We continue to put our personal touch on the operation and build upon the high standards of comfort and customer service that the Blackwell family created and maintained for 20 years.

Remote Seclusion! 
For Kathryn and I, the lodge was a way to join forces and work and live together year-round. Before the lodge Kathryn worked a full time job in Hood River and I bounced back and forth seasonally guiding long days on different rivers spread out across Oregon. We had two houses and only saw each other on the weekends during the Winter and Spring seasons. and hardly at all during the busy Fall Deschutes camp season. Now we can earn a living together. We spend our Summers running the lodge on the Dean and the rest of the year guiding steelhead in Oregon on the Deschutes, Clackamas and north coast rivers. We havent looked back since and this has been an amazing adventure and learning experience for us. We still feel incredibly lucky to live the lives we live and experience the things that the lodge and guiding lifestyle provides. We hope you can come visit us at Kimsquit Bay Lodge and experience it with us!

-Jeff Hickman
FISH THE SWING
(971) 275-2269
www.fishtheswing.com
www.kimsquitbay.com
Photos by Jeremy Koreski

Openings and rates for my Kimsquit Bay Lodge the 2015 season.

All weeks are $6150 (except July 3-10 is $6650) 7 nights 6 guided days, last day unguided, all meals and wine with dinner. 6 rods, 2 guides
  • June 19th - 26th 
  • June 26th - July 3rd
  • July 3rd - 10th - $6650 - 2 spots remain
  • August 7th - 14th - 2 spots remain
  • August 14th - 21st - 6 spots open 
Jerry Swanson
Fish Head Expeditions, LLC
jerry@fishheadexpeditions.com

503-539-1451

"Fly Fish the World with Us"



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Wooden Boat Plans Australia


WHEN I WALK AROUND our local marina I can hardly believe how many boats lack anchor rollers. What were the manufacturers thinking? Thirty footers and bigger, without any proper means of retrieving the anchor and its rode. Did they imagine their boats would never ever anchor, from choice or necessity?

In my humble opinion, no boat over 20 feet in length should be allowed to leave the factory without a proper anchor roller at the bow.

Anyone who has ever tried to weigh anchor by hand in a boat without a bow roller knows how awkward and difficult it is. Consequently, you’ll notice that all sorts of after-market rollers get bolted on by boat owners seeking to ease the pain of retrieving the anchor. Some of them look far too flimsy for the job. Some stick out from behind the forestay at an odd angle. Others have to be bolted on top of a bed of teak to bring them to the correct level. And they’re not cheap, either. A reasonably sized one that will house the anchor costs in the region of $200 with shipping. And then you have all the fun of fitting it yourself.

I was lucky enough to own a boat that was designed from the beginning to have an anchor roller. It was part of a simple bronze fitting that incorporated the bow chainplate, a bow roller, and the stemhead fitting to which the forestay attached. I blessed its little heart every time I weighed anchor, which I was able to do sitting down on deck behind it and bracing my feet in the anchor well.

In the days of my youth I used to be able to raise that way a 35-pound CQR on an all-chain 5/16-inch rode in 90 feet of water. But when I later bought a 27-foot Cape Dory with a built-in roller, my anchor weighed only 25 pounds and there was only 30 feet of 1/4-inch chain; the rest was nylon line. So I had it a lot easier and I was very grateful.

I can only imagine that unscrupulous boat manufacturers deliberately omit a bow roller in an effort to keep the selling price down a few bucks. It’s a wicked practice, like selling a new car without a horn, or without a spare tire. If I were in charge of the boat-manufacturing industry I would make it a federal crime to sell a boat without an anchor roller. But since they’re never likely to elect me to that position, the situation is unlikely to change unless we all start complaining to our representatives in Congress.

Never mind Obamacare for the moment. Never mind Trump and Isis and Iran and North Korea. Forget all that for now. Surprise your elected U.S. representative. Ask him or her to sponsor legislation about bow rollers. You never know. It might be such a refreshing change from the same-old, same-old, that Washington DC could catch fire with enthusiasm for compulsory bow rollers. And if that means some boat manufacturers will end up behind bars, so be it. They deserve it.

Today’s Thought
The law is the last result of human wisdom acting upon human experience for the benefit of the public.
—Samuel Johnson, Miscellanies

Tailpiece
“Did you know old Joe survived mustard gas and pepper spray?”
“No. How’s he doing?”
“Oh he’s a seasoned veteran now.”

(Drop by every Monday, Wednesday, Friday for a new Mainly about Boats column.)


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Some images on How to read model boat plans Titanic Paper Model Vinland Map Fashion Design Sketch Model To convert made her wear an islamic hijab and pray to allah and Lough Erne
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Boat Plans Building


photo credit: Greg Darling

Fishing Report
Let’s get out and fish!  The Deschutes finally came into great shape this week.  While the visibility is poor right at the confluence of the White and the D, it is very fishable on the lower river.  It was 2-3’ and a nice olive color on Friday.  We fished Airflo T-10 FLO tips and Skagit lines and had a great couple of days Thursday and Friday.  It was quite windy, but that didn’t stop the fish from grabbing an articulated bunny leech.  The color at the confluence with the Columbia is also worse than a few miles upstream as the Columbia backs up the flow and gets sediment mixing more than upstream.

I talked with several anglers that saw the visibility, called it blown out and went home.  The thing is that fishing was killer and there was no one up there.  You just have to change your tactics a little.  If that same angler was on the Klickitat, he would have claimed visibility to be great and fished with sink tips with no problem.  That is because anglers are used to a certain level of expectation with the Deschutes.  Fish bite there in a few feet of visibility just like they do everywhere else.  The clarity of the river reminded me of the Kenai the other day.  Kenai fish eat tiny little beads all summer long in poor clarity, so the steelhead in the Deschutes have no problem seeing your fly.  Visibility on the Deschutes is unlikely to get much better soon, so get your sink tips out and get to the river. 

Summer Steelhead are most definitely around right now in the local rivers big time.  The Deschutes River is great.  Get out there and fish!  Use light sink tips and bigger flies as long as visibility is on the lower end.  We left the river Friday evening to nearly three feet of visibility, but of course on Saturday morning, people are coming in claiming that it is blown out again.  I do not know what, if anything caused a blowout, but I would assume that the river is in the same condition as when I left it Friday, as no rain has come through since last night…  Until further notice, assume that the conditions are good on the lower.

The Klickitat Riverhas been a bit worse than the Deschutes, but it is still completely fishable.  Hovering about 2-3 feet lately with a little grey color to it. It is improving and we have heard good reports over the past few days.   Both the Klick and the Deschutes should be money this week; just be prepared to fish a sink tip…

Smallmouth Bass fishing has been excellent on the John Day River and fair in the local haunts here.  Bass on the Columbia River have been hiding out in plain sight.  Suspending off of ledges and dropoffs and scattered all around, they are there, but harder to find in good numbers than in the spring and fall.  A good day fishing will just require lots of moving around and changing tactics to find the numbers.  The John Day remains a solid choice for an easy day of good fishing with big numbers of fish.  A small popper or grasshopper pattern will produce fish from first light to last. 

Carp fishing has been decent, but not stellar.  I have heard fish are eating bigger flies right now with less picky fish, but there are not tons of fish being aggressive.  The aggressive fish are really aggressive, so that is the bonus. 

Trout fishing has been good.  The Crooked is still pushing out some weeds and bio-debris, but fishing was good.  A hopper/dropper is the ticket right now.  The Metolius has been good, as fish seem to be more willing to take a good, sneaky presentation than usual.  The upper part of the Deschutes (above Lake Billy Chinook) has been really good with terrestrials.  The upper part of the Lower Deschutes(below Pelton Dam) has been better this last week with a hopper/dropper producing good fish.  The McKenzie River has also been good with a hopper/dropper setup.  Any small, #18 mayfly nymph works well as the dropper.  A #18 Flashback Pheasant Tail (beadhead) is a personal favorite, but copper johns, hare’s ears, lightning bugs and prince nymphs work just fine too. 

Lost Lake is still fishing very well, and trout have been coming up to the surface early and late to eat Callibaetis, Grasshoppers and Carpenter Ants, as well as just about anything else including beetles, damselflies and maybe some early caddis.  Pull a woolly bugger deep and slow on a sinking line during the day for your best shot at good numbers of fish. 
                                          

As always, we are happy to talk fishing any time.  Give us a call if you have any specific questions on local rivers, gear, and tactics, or if you just want some encouragement to get out of the office.  541.386.6977


"Fly Fish the World with Us"





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Kayak Boat Plans


A young couple readying their boat for long-distance cruising want to know what kind of pet would be best to take along on their 35-foot sloop. Well, I have definite ideas about pets on boats, and I couldn’t do better than refer them to a column I wrote several years ago. It went like this:

EVERY SUMMER EVENING, toward sunset, quiet anchorages all over America suddenly become busy as dinghies begin ferrying dogs ashore from yachts. The dogs, cooped up all day on small yachts, almost always stand in the dinghy bows, ears pointed forward, tongues flapping in the breeze, panting with eagerness to get on dry land and empty their bladders.

It’s the poop parade and it’s not pretty. It starts with the dreadful, awkward business of trying to get a dog down into a dinghy in the first place, and ends with the equally dreadful, awkward business of trying to get it up, out of the dinghy and back on deck.

Sailing with dogs is such a lot of bother that you have to wonder why anybody would do it. I love animals as much as the next guy, perhaps more than most, but when I’m cruising I don’t want my choice of destinations and times of sailing to be dictated by an animal whose only ambition is to lift his leg on the nearest beach.

Dogs don’t enjoy sailing. They don’t care if you’re doing two knots or 10. They don’t mind if you hoist the spinnaker or not. They don’t even know what a spinnaker is. People take dogs sailing because they’re lonely for their dogs, not because their dogs are lonely for them.

If you can afford a boat, you can afford to put the dog in a good kennel while you cruise, or to hire a dog sitter. If you really love your animal, you will do what’s best for the dog, not for you. Don’t kid yourself that the dog can’t live without you. Dogs are pack animals and like to follow a leader but believe me, any leader will do. And if a dog’s going to be cooped up with nowhere to go, it surely would prefer to be cooped up on dry land that stays level and doesn’t make it seasick.

In the main, dogs won’t use a sandbox on board, or even a piece of Astroturf on the foredeck or in the cockpit. They’ll hold in a pee until their bladders almost burst. They’ll hang on to a poo until their eyes change color. They only want to go ashore, find a neatly tended marina lawn, or someone’s pretty flower garden, decorate it with their internal debris, and scratch the hell out of it. That’s doggy heaven; and the whole process is repeated again at dawn the next day.

If you must have an animal on board then a parrot makes more sense than anything else. The pirates knew what they were doing. Did you ever hear of a pirate with a dachshund, for goodness’ sake?

And if not a parrot, then a cat. Cats are more compact. They don’t need exercise. You can ignore them and they’ll ignore you right back, with no hurt feelings. And, best of all, you don’t have to take them ashore. They’ll use a litter box. In fact, some will go one step better, and use the head.

I once met one called Pepe who had sailed around the world on a boat called Aqua Viva. His owner, a lawyer, had trained him to sit on the toilet seat by first placing his sandbox there. Pepe never did learn to open the seacock and flush the loo, but nobody was complaining about that.

The trouble with ocean-going cats is that they almost always seem to fall overboard and drown, or else, if they’re females, they run away with some local riff-raff tomcat as soon as they get to port. So, if you have a cat you should try not to get too attached to it because sooner or later you’re going to learn that sailboats and household pets are a very poor mix.

Today’s Thought
America is a large, friendly dog in a very small room. Every time it wags its tail, it knocks over a chair.
 —Arnold Toynbee, News summaries, July 14, 1954.

Tailpiece
I would live all my life in nonchalance and insouciance
Were it not for making a living, which is rather a nouciance.

—Ogden Nash.

(Drop by every Monday, Wednesday, Friday for a new Mainly about Boats column.)


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