Prior Approval Deemed Planning Consent Given in Colchester
The 56-Day Rule: Prior Approval for Change of Use
Understanding the 56-day day rule for Prior Approval planning applications is important, as in some circumstances it could lead to a ‘deemed consent’.
We recently had a noteworthy case in Colchester Town Centre that serves as an excellent illustration of the 56-day rule and its implications for developers.
In this article, we’ll delve into the details of this case, where a deemed consent was given for the Class MA change of use from an office to residential use.
The Case: Change of Use from Office to Residential
We submitted a Class MA Prior Approval application to convert an office space in Colchester into residential apartments.
According to the General Permitted Development Order (GPDO) 2015, this Prior Approval application required a decision from the Local Planning Authority (LPA) within 56 days.
However, after 56 days, the deadline passed and the council failed to issue a decision. As the deadline passed, the Class MA Prior Approval was given an automatic deemed consent.
The 56-Day Rule Explained
The 56-day rule is a provision that allows an application for prior approval to be deemed approved if the LPA does not respond within the specified timeframe.
The 56-day rule is part of the GPDO 2015 and is specifically outlined in paragraph W(11).
Key Points to Note:
Deemed Consent: If an application qualifies for permitted development rights and the LPA fails to respond within 56 days, the application is automatically approved.
This rule applies only if the application meets the criteria for permitted development.
Applicability: This rule ensures that developers are not left in limbo and can proceed with their projects, provided all eligibility criteria are met.
In our case, since the council did not provide a decision within the required timeframe, our application for the office-to-residential conversion effectively received automatic approval.
Deemed Consent - Potential Pitfalls for Developers
While the 56-day rule provides a pathway to deemed consent, there are important pitfalls to be aware of:
Eligibility Requirements: The scheme must meet all the requirements of the GPDO 2015. If the application does not comply with the specific conditions or limitations outlined in the order, it may be invalid, even if the 56-day period lapses.
Seeking a Certificate of Lawfulness: In some situations, it may be prudent to follow up with an application for a Certificate of Lawfulness. This can confirm that the development is lawful and provide additional security against potential challenges in the future. A certificate acts as a safeguard, particularly when the circumstances surrounding the application might raise questions.
Implications for Developers
The outcome of our case carries significant implications for developers. Understanding your rights under the 56-day rule can save time and resources.
Considerations for Developers:
Follow-Up: Maintain communication with the LPA to confirm receipt and status of applications.
Legal Rights: Familiarise yourself with the provisions of the GPDO to protect your interests.
In our case, knowing the legal context allowed us to act confidently, knowing that the lack of response from the council meant our application was approved.
To enhance the likelihood of successful applications:
Detailed Documentation: Ensure all application materials are complete and meet the eligibility criteria for permitted development.
Proactive Communication: Keep lines of communication open with the LPA. Regular check-ins can help identify potential issues early.
Consider Certificates of Lawfulness: In cases where uncertainty exists, applying for a certificate of lawfulness can provide additional assurance regarding the legality of the development.
Are you Planning an Office to Residential Change of Use?
As planning consultants, we are committed to guiding our clients through these application processes, ensuring they are well-informed and empowered to make the best decisions for their developments.
If you have any questions about prior approval applications or the 56-day rule, feel free to reach out to our team for expert advice! Contact us using the form below or email mail@adpltd.co.uk
