Category Archives: Part 1 of the GPDO – Larger Rear Extensions – Guide

IMPORTANT: There appears to be a potential pitfall with the fee for an application for prior approval under Part 1 Class A of the GPDO …

Introduction:

From 19/08/2019 onwards, an application for prior approval under Part 1 Class A of the GPDO (i.e. for a larger rear extension) will be subject to a fee of £96. However, when the Fees Regulations 2012 were amended to introduce this fee, a corresponding amendment was not made to the GPDO 2015.

As a result, it appears that if an LPA receives an application that complies with the requirements of Part 1 Class A paragraph A.4(2) of the GPDO, but the fee has not been paid, then the LPA should not invalidate the application on this basis. Furthermore, if the LPA receives the information specified by paragraph A.4(2) on a certain date, and then receives the fee on a later date, then the LPA should start the 42 day period based on the former date.

More information:

From 19/08/2019 onwards, regulation 14(1)(zab) of the Fees Regulations 2012 sets out that a fee of £96 "shall be paid to [the LPA]" in the case of an application for prior approval under Part 1 Class A of the GPDO (i.e. for a larger rear extension). For reference, regulation 14(1)(zab) was inserted by SI 2019 No. 1154, and is subject to the exemptions set out by regulations 14(1A) and 14(1B) (note: for more info, please view this post).

However, when the above amendment was made, a corresponding amendment was not made to the GPDO 2015. In particular, Part 1 Class A paragraph A.4(2) of the GPDO specifies the information that the developer must provide to LPA (i.e. for an application for prior approval for a larger rear extension). This paragraph A.4(2) states that the developer must provide "a written description", "a plan", and certain other information. However, this paragraph A.4(2) has not been amended to refer to the fee.

The problem is that the 42 day period is based on the date on which the LPA receives the information specified by paragraph A.4(2). For reference, paragraph A.4(10)(c) refers to "the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the [LPA] without the [LPA] notifying the developer as to whether prior approval is given or refused". As paragraph A.4(2) has not been amended to refer to the fee, this means that the 42 day period is not based on the date on which the fee is received.

As an example, suppose that the LPA receives the information specified by paragraph A.4(2) on 1 January, and then receives the fee on 1 February, and then refuses prior approval on 1 March. In such a situation, it appears that the 42 day period would be based on the 1 January, which means that the LPA issued the decision after the expiry of this 42 day period, which means that the development is not prevented by paragraph A.4(10)(c). In other words, the developer would have successfully completed the prior approval process. [Note: As always, the successful completion of the prior approval process is not legally equivalent to confirmation that the proposed development would be lawful, as the development would still need to comply with all of the other limitations and conditions of Part 1 Class A].

The above situation is a potential pitfall because it's counter-intuitive that the 42 day period can start before the fee is received. Indeed, for the above example, if the LPA receives the fee on (say) 1 March, then it appears that the 42 day period would expire before the fee is received.

In my opinion, the above situation was not the intention of MHCLG, and it appears that the above situation does not occur with other Parts of the GPDO. For example, for an application for prior approval under Part 3 of the GPDO, paragraph W(2) specifies the information that the developer must provide to LPA and ends with the phrase "... together with any fee required to be paid". As a result, for an application for prior approval under Part 3 of the GPDO for which a fee is required, the 56 day period can not start before the fee is received.

Notes:

  • Many thanks to Peterborough City Council for letting me know about this potential pitfall.
  • In accordance with the "Important Disclaimer" within the "Planning Jungle Limited - Membership Terms and Conditions", please note that the information within this post (like all of the information provided by Planning Jungle Limited) does not constitute legal or other professional advice, and must not be relied on as such.

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (25/05/2019) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 25/05/2019: Continue reading

New Legislation – relating to local authority consultations (01/04/2018 and 01/06/2018) …

The following 1 new Statutory Instrument (SI) comes into force on 01/04/2018 and 01/06/2018: Continue reading

Court of Appeal judgment about the legal effect of successfully completing the prior approval process (16/06/2017) …

Introduction:

The following Court of Appeal judgment about the legal effect of successfully completing the prior approval process was handed down on 16/06/2017: Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (06/04/2017) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 06/04/2017: Continue reading

DCLG provides further information about the responses to the 2014 “Technical consultation on planning” …

Summary:

Following a freedom of information (FOI) request by the Planning Jungle website, DCLG has provided the following further information about the responses to the 2014 "Technical consultation on planning": Continue reading

DCLG publishes the “government response to consultation” (for the 2014 consultation) with respect to the GPDO and the Use Classes Order …

[NOTE: For the (previously published) legislation relating to this consultation, please view this post, this post, this post, this post, this post, and this post].

DCLG has published the following government response to the "Technical consultation on planning" (which ran for 8 weeks from 31/07/2014 until 26/09/2014): Continue reading

IMPORTANT: New Legislation – the GPDO 2015 (15/04/2015) – Amendments to Part 1 …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 15/04/2015: Continue reading

IMPORTANT: New Legislation – 16 new Statutory Instruments and 2 new Directions are due to come into force, mostly between 01/04/2015 and 15/04/2015…

The following 16 new Statutory Instruments (SIs) and 2 new Directions are due to come into force, mostly between 01/04/2015 and 15/04/2015: Continue reading

IMPORTANT: The government publishes a consultation (until 26/09/2014) on a range of planning proposals, including proposed changes to the GPDO and the UCO …

[UPDATE: For the subsequent government "response" to this consultation, please view the following posts:
- This post for the "response" document with respect to the GPDO and the Use Classes Order.

- This post for the "response" document with respect to the deemed discharge of planning conditions.
- This post for the "response" document with respect to the use of planning conditions.

- This post for the "response" document with respect to changes to Development Consent Orders for nationally significant infrastructure projects.
- This post for the "response" document with respect to the consent process for nationally significant infrastructure projects.

- This post for the "response" document with respect to neighbourhood planning.
- This post for the "response" document with respect to environmental impact assessments.
- This post for the "response" document with respect to planning application processes.]

The government has published the following consultation, which runs for 8 weeks from 31/07/2014 until 26/09/2014: Continue reading

IMPORTANT: Information from DCLG about how to interpret Part 1 paragraph A.4(2A) of the GPDO …

In response to a series of emails from the Planning Jungle website, the Department for Communities and Local Government (DCLG) has provided the following information about how to interpret Part 1 paragraph A.4(2A) of the GPDO.  Please note that this information is also relevant to the equivalent provision within Part 3 paragraph N(2A) of the GPDO. Continue reading

IMPORTANT: The “Part 1 of the GPDO – Larger Rear Extensions – Guide” document has been updated to incorporate the new SI 2014 No. 564 …

The "Part 1 of the GPDO – Larger Rear Extensions – Guide" document has been updated to incorporate the new SI 2014 No. 564 (i.e. the amendments to Part 1 Class A of the GPDO coming into force on 06/04/2014).  The main updates to the above document are summarised below: Continue reading

IMPORTANT: New Legislation – Amendments to Part 1 of the GPDO (06/04/2014) …

[UPDATE: The information on this page has subsequently been incorporated into the "Part 1 of the GPDO – Summary of Amendments since 2013" page].

The following 1 new Statutory Instrument (SI) comes into force on 06/04/2014:

New Legislation: Continue reading

The government has announced its intention to consolidate various planning secondary legislation …

The government has announced its intention to "reduce and consolidate planning regulations", as set out by this press release dated 29/10/2013.

With regards to the consolidation of legislation, the press release states that the GPDO 1995 will be consolidated (albeit with reference to an incorrect number of amendments).  In addition, the "Red Tape Challenge" document (at the end of the press release) lists various other planning secondary legislation under the category "Improve (Merge/Simplify)", which indicates that such legislation might also be consolidated.  The latter includes the Advertisement Regulations 2007, the DMPO 2010, the LBCA Regulations 1990, and the UCO 1987, etc.  No timescales are set out for this process.

With regards to the reduction of legislation, the press release states that the government will "tackle unnecessary and overly burdensome requirements in the application process", although no further details are provided.  In addition, the "Red Tape Challenge" document lists various planning secondary legislation under the category "Scrap".  The latter includes legislation that has already been almost entirely superseded, such as the "Town and Country Planning (Inquiries Procedure) Rules 1992", as well as relatively obscure legislation, such as the "Town and Country Planning (Ironstone Areas Special Development) Order 1950", etc.

“Part 1 of the GPDO – Larger Rear Extensions – Guide” – now split into a “FREE VERSION” and a “FULL VERSION” …

The previous "Guide and templates ..." document has now been split into two separate documents, the first of which is accessible by anyone, and the second of which is only accessible by members.  Both documents are available on the following page of this website: Continue reading