- High Court issues guidance on interpretation of permitted development rights and prior approval decisions (Marshall)
- Original news
- What are the practical implications of this case for developers and authorities?
- What is the legal background to the case?
- What is the factual background to the case?
- What are the grounds of claim?
- What did the court decide?
- Development not permitted development
- Invalid application
- Material considerations
- Case details
Planning analysis: In Marshall, the High Court clarified that a local planning authority (LPA), when deciding a prior approval application, is not empowered to also decide whether or not the proposed development comes within the description of the relevant class of permitted development right. It also restated that to be permitted development in the first place, the development in question has to come fully within the relevant description of the permitted development, subject to any specified exceptions.
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