Application cannot be made for a development that has already begun

Class A in Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 provides limited planning permission for “the enlargement, improvement or other alteration of a dwelling house”. Condition A.4(1) provides that a number of other conditions apply to development permitted by Class A which exceeds the limits in paragraph A.1(f) but is allowed by paragraph A.1(g) including:

“(10) The development must not begin before the occurrence of one of the following-

(a) the receipt by the developer from the local planning authority of a written notice that their prior approval is not required;

(b) the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(c) the expiry of 42 days following the date on which the information referred to in sub-paragraph (2) was received by the local planning authority without the local planning authority notifying the developer as to whether prior approval is given or refused.”

In Winters v Secretary of State for Communities And Local Government & Anor [2017] the High Court ruled that an application cannot be made under sub-paragraph(2) of Condition A.4 in respect of a development that has already begun.

The High Court said (my emphasis):

what the application to the local planning authority, and any approval or refusal given, under condition A.4 is concerned with is a “proposed development” that Class A is capable of authorising, not a development that has already been begun or one which is partially or wholly completed.

Thus the information that has to be provided to the local planning authority under sub-paragraph (2) of Condition A.4 includes a written description of “the proposed development” and a plan indicating the site and showing “the proposed development”. That has to be provided by the developer, as sub-paragraph (2) states, “before beginning the development”. Each adjoining owner or occupier must be notified (under sub-paragraph (5)) of “the proposed development” by a notice describing “the proposed development” and the address of “the proposed development”. If any owner or occupier objects to “the proposed development”, then, under sub-paragraph (7), the “prior approval” of the local planning authority is required as to the impact of “the proposed development” on the amenity of any adjoining premises. Thus, when it is provided (in subparagraph (10)) that “the development” must not begin before notice that prior approval is not required or has been given or, if such a notice is not given, the expiry of 42 days from the date when the information referred to in sub-paragraph (2) was received and (in sub-paragraph (11)) that “the development must be carried out” either in accordance with the details approved or the information provided under sub-paragraph (2), “the development” being referred to is the developer’s “proposed development”. That is what such information and any prior approval relate to.”

This blog has been posted out of general interest. It does not replace the need to get bespoke legal advice in individual cases.