Q&As

What happens if the local planning authority confirms that prior approval is not required and then realise that the application does not fall within PD at all?

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Published on LexisPSL on 23/05/2017

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

  • What happens if the local planning authority confirms that prior approval is not required and then realise that the application does not fall within PD at all?

There is no definite answer to this question and no current practical guidance from government exists on this point. However, the approach to be taken in such circumstances would depend on the drafting of the particular provision in the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596 which is being relied on, and would be based on a question of law to be resolved by the courts if challenged.

Nevertheless, the following considerations may apply:

  1. one consideration is that the confirmation that prior approval is not required, cannot be relied on to grant planning permission. This is based on the view that the GPDO, SI 2015/596, art 3(1) grants planning permission for the classes of development prescribed in the GPDO, SI 2015/596, Sch 2. If the proposed development does not, as a matter of fact and degr

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