High Court Success

02nd August 2019
By Alice Davidson

Boyer working with Cornerstone Barristers have received a high court ruling (and costs) on behalf of our client Warren Farm (Wokingham) Limited, determining that Local Planning Authorities do not have the power to extend timescales for the determination of agricultural-to-residential prior approval applications under the General Permitted Development Order (GDPO) 2015.

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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