Q&As

Can a third party judicially review ‘deemed’ planning consent given by virtue of the local planning authority’s failure to provide notice of its decision within 56 days?

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Produced in partnership with Harriet Townsend of Cornerstone Barristers
Published on: 13 June 2024
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On the basis of the reference to 56 days, we assume that your query relates to applications for prior approval under various provisions within the Town and Country Planning (General Permitted Development) (England) Order 1995 (GPDO 1995), SI 1995/418, as amended.

GPDO 1995, SI 1995/418, art 3 grants (by operation of law) a general consent for development of a variety of descriptions, all set out in GDPO 1995, SI 1995/418, Sch 2. Among these there are several (for example Part 3 Class M) which are granted subject to the condition that, before beginning development, the developer must apply to the planning authority for a determination whether ‘prior approval’ will be required as to certain potential areas of impact, such as transport and highways. Most, but not all, consents subject to this prior approval requirement are found within Part 3. For all of these the relevant procedure is found within Part

Harriet Townsend
Harriet Townsend

Cornerstone Barristers

Harriet is a barrister with some 25 years' experience. Her principal areas of practice concern planning and environment law, and related property matters.

Recent work includes major compulsory purchase and compensation disputes; contentious residential proposals and related problems of housing land supply; high value basement development in London; and environmental impact assessment raising some of the most complex environmental issues of the day including heritage impact, habitats and species protection, and air quality concerns.

Harriet is frequently engaged to provide advice ' often on difficult questions of law, but also on strategy, procedure, and the conduct of negotiations. Recent instructions include the conduct of local authority Councillors, compensation claims under Part 1 of the Land Compensation Act 1973, reform of compulsory purchase law, and current legal issues in waste management.

On Climate Change, Harriet is the author of two articles in the Journal of Planning Law (2008 and 2009) and is following policy developments in this area with interest.

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Jurisdiction(s):
United Kingdom

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