Category Archives: Legislation

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.

MHCLG publishes its “Planning Update Newsletter” (July 2019) …

MHCLG has published the following "Planning Update Newsletter": Continue reading

The government publishes its response to the consultation relating to the Community Infrastructure Levy (CIL) …

[UPDATE: For the subsequent legislation relating to this consultation, please view this post.]

The government has published the following response to the consultation titled "Reforming developer contributions - Technical consultation on draft regulations" (which ran for 6 weeks from 20/12/2018 until 31/01/2019): Continue reading

The “Use Classes Order 1987 – Quick Reference Guide” document has been updated to incorporate the amendments to Parts 3 and 4 of the GPDO made by SI 2019 No. 907 on 25/05/2019 …

The "Use Classes Order 1987 - Quick Reference Guide" document has been updated to incorporate the amendments to Parts 3 and 4 of the GPDO made by SI 2019 No. 907 on 25/05/2019. This document is available via the above page of the website, or via the following (direct) link:

Continue reading

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

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

[UPDATE: The information on this page has subsequently been incorporated into the "Other Parts 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

IMPORTANT: The government publishes its response to the “Planning Reform …” consultation …

[UPDATE: For the subsequent legislation relating to this consultation, please view the following posts:
- This post for the legislation relating to Part 1 of the GPDO.
- This post for the legislation relating to Other Parts of the GPDO.
- This post for the legislation relating to the Fees Regulations 2012.]

The government has published the following response to the consultation titled "Planning Reform - Supporting the high street and increasing the delivery of new homes" (which ran for 11 weeks from 29/10/2018 until 14/01/2019): Continue reading

IMPORTANT: The government states its intention to proceed with most of the proposals within the recent “Planning Reform …” consultation …

[UPDATE: For the subsequent government response to this consultation, please view this post.]

James Brokenshire MP (Secretary of State for MHCLG) has made the following written statement to Parliament, which states the government's intention to proceed with most of the proposals within the recent "Planning Reform ..." consultation: Continue reading

MHCLG publishes its “Planning Update Newsletter” (March 2019) …

MHCLG has published the following "Planning Update Newsletter": Continue reading

The government publishes its response to the consultation relating to the standard method for assessing local housing need …

[UPDATE: For the subsequent updates to the NPPF relating to this consultation, please view this post.]

The government has published the following response to the consultation titled "Technical consultation on updates to national planning policy and guidance" (which ran for 6 weeks from 26/10/2018 until 07/12/2018): Continue reading

The government publishes an independent report in response to the consultation relating to planning appeal inquiries …

The government has published the following independent report in response to the consultation ("call for evidence") titled "Independent Review of Planning Appeal Inquiries - Call for Evidence" (which ran for 8 weeks from 24/07/2018 until 18/09/2018): Continue reading