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Court clarifies approach in respect of prior approval process (East Herts)

Court clarifies approach in respect of prior approval process (East Herts)
Published on: 13 March 2017
Published by: LexisPSL
  • Court clarifies approach in respect of prior approval process (East Herts)
  • Original news
  • What is the significance of the decision for authorities and developers?
  • What was the factual background to the case?
  • Why did the appeal fail?

Article summary

Planning Analysis: In East Herts, the High Court dismissed a challenge to a planning inspector’s decision, finding that the assessment of location within the prior approval process for a residential barn conversion had to be examined taking into account the purpose of the permitted development right. The policies of the National Planning Policy Framework (NPPF) in respect of the location of rural housing should not be applied with the same rigour as they would be in the context of an application for planning permission for residential use, otherwise the purpose of the introduction of the permitted development right would be frustrated. or take a trial to read the full analysis.

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