Class Q time limits and deemed approvals

Class Q time limits and deemed approvals

“In our March article, we discussed the High Court case that confirmed that, in common with all other types of planning applications, the 56 day period for permitted development rights (PDRs) applications (including for Class Q) can be extended by written agreement between the Local Planning Authority (LPA) and the applicant.  As we reported, the result of that decision is that it is only where the 56 day period has expired, and there has been no agreement that there should be an extension, that a PDR development can go ahead”, says Brian Dinnis of Acorn Rural Property Consultants.

“We have heard that there is a view in circulation that the backlog in dealing with planning applications caused by the COVID-19 lockdown has created a window of opportunity to submit Class Q and other PDR applications in the expectation that the LPA may not be able to determine them within the 56 day period and, as a result of being overstretched, fail to agree a time extension, with the result that the development can go ahead.  We have also heard that some consider that this will enable developments that may not have been regarded by LPAs as acceptable under PDRs to go ahead, effectively by default, under a deemed approval”, continues Dinnis.

“It is important to understand that PDRs only apply where all the relevant conditions are met and, in circumstances where the 56 day period has expired with no agreed extension and the development has commenced, it remains open to the LPA at any later date to determine that the development did not meet the relevant conditions and is, therefore, unlawful and that it should take enforcement action”, cautions Dinnis.

For further information please contact Brian Dinnis on 01884 212380 or via our website www.acornrpc.co.uk

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