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does a holder of a permited development certificate also need

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prior approval...
does a holder of a permited development certificate also need prior approval
Submitted: 7 years ago.Category: UK Law
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5/5/2010
Solicitor: Thomas, Lawyer replied 7 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,636
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

 

Thanks for your question.

 

If the building works fall within "permitted development" laid down in Town & Country Planning (General Permitted Development) Order 1995 then there is no need for a formal planning application. Some people who are not sure make an application receive confirmation that the works are in fact permitted development for peace of mind, but it's not essential.

 

If I have misunderstood your question, please clarify.

 

If this is useful please kindly click accept so that I am rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas
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Customer reply replied 7 years ago

The question relates to an exisitng certificate of lawfull proposed development, we have been issued with this certificate, the planning authority then demmed that even though we have a certificate, we needed to give prior notification, whihc we did, they then refused the prior notification as they stated it required prior approval and they had sufficent information to refuse the prior notification as it contraveend planning regulations, even though we had a lawfull permited development certificate, there were and are no changes to the notification in any form that differs from the certificate.

We are appealing however the question is do we need to give prior notification if we already had a certificate for the same building

Solicitor: Thomas, Lawyer replied 7 years ago

Hi,

 

This seems very strange, if you have a certificate of lawful permitted development then it's unusual for them to revisit it once it's been issued. It sounds as if you have fairly strong grounds to appeal the decision if they did not object the issuing of the certificate of permitted development.

 

Usually you would submit the outline planning application with the design and access statement (with plans) and they would make a decision to issue the certificate or not. What prior notification are they actually referring to?

 

Tom

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Customer reply replied 7 years ago

 

The certificate of Lawfull permited development was applied for as they refused to accept our notice of agricultural development under GPDO, we were instructed by our Barrister to apply for a certificate of lawfull proposed development with his accompanying letter of explanation that our development and the buildings desings planning siting layout etc were permited, they issued a certificate stating it was permitted, they then notified our architect that before we could build even with a certificate we would still have to provide agricultural notification, having done so they accepted the notification, and stated that it needed prior approval, and they had enough material in our notification to rule that they were refusing the permission as it did not fit with their planning rules on design, siting and layout, they also refused to meet with us to discuss possible changes to design and even though we have a certificate they are refusing the prior notification under prior approval in effect nulligy the certificate, we are appeling and have instructed barristers again, however i just wanted a unbiased ourside opinion of this action on behalf ot the district council, it smacks of conspiracy to prevent development to me, i am a little miffed oever the whole thing and the planners seem to be thwarting our every move on a lawfull process without any recourse to penalty, also slightly worried we might get our permission refused by the inspector due to some technicality.bit complicated sorry

 

Solicitor: Thomas, Lawyer replied 7 years ago

Okay, that is complicated and I should certainly think you are miffed, (to understate it).

 

It's quite difficult to be definative on the subject without having been privy to the chorology of correspondence.

 

Broadly, it does seem as if the issue of prior approval has been considered out of step with the plannng process as a whole by the local authority and they are now trying to back track. It seems incongruous that they should issue the certificate of lawful permitted development and then, as you say, effectively nullify it's effect by a rigid adherence to the prior approval issue - why bother to issue it in the first place. There may be issues of estoppel that could hinder the planners department.

 

You may have fallen across a situation that is something of a test case. If your barrister is confident of the prospect of success at appeal then given his specific knowledge of your case then I would trust this.

 

Sorry I could not have been more help. If you are not satisfied, I can ask the mods to refund your money.

 

Kind regards,

 

 

Tom

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Customer reply replied 7 years ago

I am happy with your responces, I feel you may be right it might be a test case, we are awaiting our barristers advice and you answers have been more than satifactory, i am happy to have recived such attention for the small sum I have paid. now i need to look up estopel, heheh, thaks you such much for your help I am very satisfied thank you

 

Solicitor: Thomas, Lawyer replied 7 years ago

Estoppel is a legal principle which precludes a person from asserting someting (ie. the need for prior approval) contrary to what is implied by a previous action (ie. granting the certificate of permitted lawful development). It may or may not apply here.

 

I wish you all the best with the appeal.

 

Kind regards,

 

 

Tom

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