The "GPDO Part 3 Class M - Prior Approval Appeal Decisions" document has been updated to include 2 additional appeal decisions relating to retail-(etc)-to-residential conversions, for which the conclusions are as follows:
April 2018 - Code P3CM-088 (appeal allowed):
- This appeal decision was assessed against the issues specified by paragraph M.2 as follows:
- “transport and highways impacts” = acceptable (short assessment).
- “contamination risks” = no assessment.
- “flooding risks” = no assessment.
- “impact of the change of use” = no assessment.
- “design or external appearance” = acceptable (detailed assessment). - When assessing an application for prior approval, the development plan (e.g. the LPA’s Local Plan, etc) is a material consideration. (*)
[Note: This appeal decision implies (rather than states) this conclusion].
[Quote: “I therefore conclude that the conversion works would be of an acceptable design and external appearance that would preserve the character and appearance of the appeal building and the street scene. As such, a conflict with Policies DM1 and DM3 of the Development Management Document 2015, and Policies KP2 and CP4 of the Southend-on-Sea Core Strategy 2007, would not occur.”]. - This appeal decision provides an example of where the Inspector, when considering the “transport and highways impacts of the development”, assessed bicycle parking and concluded that this would be acceptable. (*)
[Note: Appeal was allowed subject to condition relating to bicycle parking].
[Quote: “In the interests of safeguarding the character and appearance of the area, the living conditions of future occupants and the promotion of sustainable transport it is necessary to ensure the proposal is implemented in accordance with approved drawings and that details of secure cycle parking and storage areas for waste and recycling are approved and provided.”]. - This appeal decision provides an example of where the Inspector, when considering “the design or external appearance of the building”, assessed waste and recycling storage and concluded that this would be acceptable.
[Note: Appeal was allowed subject to condition relating to waste and recycling storage].
[Quote: “In the interests of safeguarding the character and appearance of the area, the living conditions of future occupants and the promotion of sustainable transport it is necessary to ensure the proposal is implemented in accordance with approved drawings and that details of secure cycle parking and storage areas for waste and recycling are approved and provided.”]. - This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should be imposed.
[Note: Condition requiring compliance with the approved drawings, and conditions relating to waste and recycling storage, and bicycle parking].
April 2018 - Code P3CM-087 (appeal dismissed):
- [Note: To view these conclusions, please log onto the website as a member].
Notes:
- To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the "GPDO Part 3 Class M - Prior Approval Appeal Decisions" document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals on the website for no extra cost.
- Any of the above conclusions marked with a "(*)" contradict other appeal decisions. The "Reference Section" within the above document indicates how many appeals have supported and contradicted each particular conclusion.
- The above document also includes 2 "Potential fallback position" appeals, which are NOT summarised (only listed).