“Part 3 of the GPDO – Information about Appeal Decisions” – 5 additional appeal decisions (total = 162) …

The Part 3 of the GPDO - Information about Appeal Decisions page has been updated to include 5 additional appeal decisions (2 x Part 3 Class C, 1 x Part 3 Class PA, 1 x Part 3 Class S, and 1 x Part 3 Class T), which means that the informal lists of prior approval appeals now include the following: Continue reading

IMPORTANT: MHCLG has updated its “Permitted development rights for householders – Technical Guidance” document (September 2019) …

[NOTE: For other updates to the "Technical Guidance" document, please view the following posts:
- This post for the January 2013 updates.
- This post and this post for the October 2013 updates.
- This post for the April 2014 updates.
- This post for the April 2016 updates.
- This post for the April 2017 updates.
- This post for the September 2019 updates]

Introduction:

The Ministry of Housing, Communities and Local Government (MHCLG) has updated its "Permitted development rights for householders - Technical Guidance" document (note: this document provides advice relating to Part 1 of the GPDO). As such, the current and previous versions of the "Technical Guidance" document are now as follows: Continue reading

“Part 3 of the GPDO – Information about Appeal Decisions” – 1 additional appeal decision (total = 157) …

The Part 3 of the GPDO - Information about Appeal Decisions page has been updated to include 1 additional appeal decision (1 x Part 3 Class P), which means that the informal lists of prior approval appeals now include the following: Continue reading

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.

“Part 3 of the GPDO – Information about Appeal Decisions” – 4 additional appeal decisions (total = 156) …

The Part 3 of the GPDO - Information about Appeal Decisions page has been updated to include 4 additional appeal decisions (2 x Part 3 Class PA, 1 x Part 3 Class R, and 1 x Part 3 Class T), which means that the informal lists of prior approval appeals now include the following: Continue reading

High Court judgment relating to article 7 of the GPDO (31/07/2019) …

Introduction:

The following High Court judgment relating to article 7 of the GPDO (i.e. the provision to agree a "longer period" for an application for prior approval) was handed down on 31/07/2019: Continue reading

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

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