What Is the 56 Day Rule in Planning?
The 56-Day Rule in Planning: Key Considerations and Case Law
The 56-day rule is a crucial aspect of the planning system in England.
Under Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), local planning authorities (LPAs) must determine prior approval applications within 56 days.
If the LPA fails to notify the applicant of their decision within this period, prior approval is might be deemed granted. This ensures that LPAs cannot delay decisions indefinitely and provides certainty for developers.
How the Rule Applies to Prior Approval Applications
Prior approval is required for certain types of development under permitted development rights, particularly changes of use. These applications must be assessed against specific criteria, such as transport impacts, flood risks, and noise concerns.
The 56-day period begins on the day the LPA receives a valid application.
If the LPA does not issue a decision within the deadline, the applicant has the right to proceed with the development. However, it is important to note that the development must still fully comply with all relevant GPDO conditions and limitations. If the scheme does not meet these requirements, it will not benefit from permitted development rights, and planning permission may still be required.
Developers should carefully review the applicable regulations to ensure compliance and avoid enforcement action.
This can create significant risks, particularly if the development later faces legal challenges for not complying with the other GPDO conditions.
Extending the 56-Day Limit: Gluck v Secretary of State (2020)
While the 56-day rule is strict, the case of Gluck v Secretary of State for Housing (2020) clarified that this period can be extended by mutual agreement.
In this case, the developer applied for a change of use under Class O (offices to residential). The LPA raised concerns about noise and, in an email exchange, the applicant's agent requested a delay in the decision.
The developer later claimed prior approval was deemed granted as no formal decision was issued within 56 days. However, the Court of Appeal ruled that the deadline had been validly extended, as the applicant and the LPA had agreed (albeit informally) to delay the decision.
The court emphasised that extensions must be clearly evidenced, preferably in writing, to avoid disputes.
Key Takeaways for Developers and LPAs
The 56-day clock starts on the day a valid application is received. LPAs must track this carefully, even during holiday periods.
Weekends and public holidays do not pause the deadline. LPAs cannot argue that the clock stops during office closures.
Prior approval is automatically granted if no decision is made within 56 days. Applicants can proceed as long as the development meets GPDO conditions.
LPAs and applicants can agree to extend the deadline, but this must be documented. Written confirmation is best to avoid disputes.
The 56-day rule provides certainty for developers and ensures that LPAs process applications in a timely manner.
