“Part 3 Class M of the GPDO – Appeal Decisions” – 1 additional appeal decision (total = 89) …

The Part 3 Class M of the GPDO - Appeal Decisions document has been updated to include 1 additional appeal decisions relating to retail-(etc)-to-residential conversions, for which the conclusions are as follows:

May 2018 - Code P3CM-089 (appeal dismissed):

  • This appeal decision was assessed against the issues specified by paragraph M.2 as follows:
    - “transport and highways impacts” = no assessment.
    - “contamination risks” = no assessment.
    - “flooding risks” = no assessment.
    - “impact of the change of use” = no assessment.
    - “design or external appearance” = no assessment.
  • This appeal decision provides an example of where the Inspector concluded that the development was begun before the developer successfully completed the prior approval process.
    [Quote: “Paragraph W of the GPDO sets out the procedure for applications for prior approval under Part 3. Paragraph W.(11) (a), (b) and (c) state that the development must not begin before the receipt by the applicant from the local planning authority of a written notice that prior approval is not required, by giving their prior approval for the development or the expiry of 56 days following the date on which the application was received by the Council without the authority notifying the applicant as to whether prior approval is given or refused. The Council issued its decision on 1 December 2017 confirming that prior approval was refused within the 56 days required by paragraph W.11. The appellant confirms that works to convert the building commenced in mid-November 2017 which was after the submission of the prior approval application dated 16 October 2017. It is clear from the appellant’s evidence and from my site visit that the development had begun before the occurrences at W.11 had expired. Moreover, a high court judgement [Winters v SSCLG & Havering LBC [2017] EWHC 357 (Admin)] confirmed that prior approval cannot be given for a development that has already begun, whether or not it is wholly or partly completed. This applies even of the development was begun after the application was made or during the appeal process. Therefore, based on the evidence before me, as the development has commenced it is not permitted development under Schedule 2, Part 3, Class M of the GPDO.”].

Notes:

  • To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the Part 3 Class M of the GPDO - Appeal Decisions document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals within the above document 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).