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High Court Success

Boyer sought determination as to whether prior approval was required to convert agricultural buildings to residential under the provisions of Part 3 Class Q GPDO.

Wokingham Borough Council requested more time to determine the application, which we agreed to, despite correspondence stating that we did not consider an extension could be agreed under Part 3 of the GPDO. The Prior Approval was subsequently refused.

The client challenged the decision by way of a judicial review. Ashley Bowes of Cornerstone Barristers argued for our client that Article 7, read together with Part 3, Class V, paragraph W GPDO, meant that determination was required within the time limit so as to be effective.

The Judge found that Article 7 (c) only applies where no specific timeframe for a decision is set out, and therefore the Council’s decision had been made to late meaning the decision was quashed.

This decision confirms that where the GPDO prescribes a period of time for a decision as to whether prior approval is required, the council must make their determination within that timescale or else the applicant will have gained a deemed grant of planning permission. If you would like to discuss how this high court ruling can affect your development please contact me on alicedavidson@boyerplanning.co.uk.

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