The sands of time ……

Just a quick reminder to anyone wanting to avail themselves of permitted development rights for ‘protected development’ - You have barely a month left in which to do so, before ‘protected development’ ceases to be permitted development under the GPDO after 31 July.

‘Protected development’ is development that was permitted development before 1 August 2021, and which continues to come within the definition of development under section 55 of the 1990 Act, but which has ceased to be permitted development following the amendment of the GPDO in August 2021. So, in effect, there was a year’s grace in which to implement the PD rights for those changes of use that had been removed from the GPDO in 2021.

It would take too long to list here the classes (and sub-classes) of PD in Part 3 of the Second Schedule to the GPDO that constitute ‘protected development’, but full details can be found in paragraph 1.6.3 of Chapter 1 in the Fourth Edition of A Practical Guide to Permitted Changes of Use [“PCU4”].

‘Protected development’ is of two types. First there is development that does not require a prior approval application. ‘Protected development’ of this type must be completed no later than 31 July 2022. This means that the permitted change of use must actually have taken place by that date.

The second type of ‘protected development’ is one in respect of which a prior approval application must be made. In this case, such an application must be made before the 31 July deadline. In practice, this means that the prior approval application must reach the LPA not later than Friday 29 July 2022. Provided that this deadline is met, the further steps in the prior approval procedure can then follow on, irrespective of the fact that they may take place after 31 July. The 56-day rule will operate in the usual way, and the right to proceed with the permitted development will take effect on the happening of the prior approval event. The 3-year time limit within which the permitted development must be completed will run from the prior approval event. So if a prior approval application is submitted in the next four weeks or so, and is then refused but is subsequently allowed on appeal, the 3-year time limit for completion of the protected development might possibly not expire until some time in 2026.

A refusal of prior approval can still be appealed under section 78 of the 1990 Act after 31 July 2022 and will take its normal course.

The consequences of missing the 31 July deadline depend on whether the development in question required a prior approval application or not. If a prior approval application was not required, any ‘protected development’ that is not completed by that date (by the actual change of use taking place) will no longer be lawful. The only way of regularising the position where a development that would otherwise have been ‘protected development’ remains uncompleted on 31 July will be to apply for full planning permission under Part III of the 1990 Act. In the absence of such planning permission being obtained, it would be open to the LPA to take enforcement action in respect of the uncompleted development.

The position where the ‘protected development’ required a prior approval is more straightforward. In the absence of a prior approval application being received by the LPA before 31 July, the development will no longer be permitted development, and simply cannot go ahead as such. It will then be development that can be authorised only by a planning permission issued under Part III of the 1990 Act.

As explained in PCU4, the usual rules continue to apply to those classes of development that continue to be permitted development under the GPDO. It is only a minority of classes (or sub-classes) of development that are ‘protected development’ until the end of next month.

© MARTIN H GOODALL