Q&As

Does a grant of prior approval for change of use to residential establish a site's use as residential when looking at a further planning application for the site?

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Published on LexisPSL on 18/01/2021

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Does a grant of prior approval for change of use to residential establish a site's use as residential when looking at a further planning application for the site?

A 'fall-back' development such as development for which permitted development rights are available is capable of constituting a material consideration which must be taken into account in determining the planning application. Note, however, that the weight to be given to the fall-back development will be a matter of planning judgment.

In Simpson v Secretary of State for Communities and Local Government, it was held that a proposed development should be judged in the context of what might happen if that planning permission is not granted. In Snowden v Secretary of State for the Environment and Bradford City Metropolitan Council [1980] JPL 749 (not reported by LexisNexis®), the court considered that the crucial question was the extent to which the site would be developed in accordance with existing rights, in the event that the development was re

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