In the normal course of events, permitted development requiring prior approval under Class Q can be begun upon the receipt by the applicant from the local planning authority of a written notice of their determination that prior approval is not required, or the receipt of a written notice giving their prior approval.
However the provisions of paragraph W.(11) include a 56-day rule, whereby the development can be begun upon the expiry of 56 days following the date on which the application was received by the LPA without the authority notifying the applicant as to whether prior approval is given or refused. This is often mistaken by some people to mean that, where the local authority fails to notify the applicant of their decision within 56 days, this amounts to an automatic approval of the application; this is not the case.
I was recently forwarded a property listing advertising a barn for sale with the “benefit of Class Q planning consent for conversion to a residential dwelling.” The listing was sent to me by a former client who was interested in purchasing the property and subsequently submitting an application for an alternative scheme, relying on the principle of development having been established by the Class Q application.
Upon inspection of the application documents, I was concerned to find the following within the decision notice:
This notice confirms that as the above application was not determined within the 56-day period commencing with the date on which the local planning authority received the application. In accordance with the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), the proposals have now obtained DEEMED CONSENT.
Herein lies the problem!
The 56-day rule has no application where the qualifying criteria in a particular case are not met. If the proposed development does not qualify as permitted development for any reason (and this would include any failure to comply with the conditions subject to which Part 3 grants deemed planning permission for this type of development), then it is simply not permitted development in any event. This is the case notwithstanding a local authority’s failure to determine an application within 56 days.
All of this is particularly relevant as an application on the same building was refused on 30th May 2018. It was the officer’s view at the time that:
Notwithstanding the structural integrity of the building, with or without the need for new structural elements, following the removal of the roof and walls all that would remain of the original building would be a metal frame. Thus, the operational development required to convert the building to a dwelling would be so extensive that it could not be considered to be a conversion; it would instead be tantamount to the erection of a new building.
It is therefore my view that the site does not benefit from Class Q permitted development rights by virtue of the fact that the works required to make the building habitable would amount to rebuilding. It is only where the building is capable of conversion in its current form that it is able to benefit from the permitted development right. I did notify the estate agent who posted the listing however it would appear that the site is now under offer with a guide price of over half a million pounds. I would hope that the solicitor acting on behalf of the buyer is sufficiently au fait with the Class Q legislation to ensure their client is fully informed.
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