tag:blogger.com,1999:blog-8170718846507476773.post1016758399653627917..comments2022-12-13T14:45:12.233+00:00Comments on Martin Goodall's Planning Law Blog: Further planning changes put off until after the General ElectionMartin H Goodallhttp://www.blogger.com/profile/07079479984296674469noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8170718846507476773.post-80486952393111787132015-01-22T17:54:21.051+00:002015-01-22T17:54:21.051+00:00In answer to Chris (18 January), it is possible th...In answer to Chris (18 January), it is possible that the LPA may have got it wrong in this case, although the ultimate outcome will depend on the building in question genuinely being a separate planning unit (in accordance with the rule in Burdle) and being in use (or last in use) before 30 May 2013 for an entirely separate use falling exclusively within Class B1(a). The use of the office must also be a lawful use (i.e. it must have had planning permission for use as an entirely separate and independent office, or this use would have had to become lawful under the 10-year rule by 30 May 2013), because PD rights cannot arise in respect of a use which is unlawful. If the building really does qualify under Class J, then the 56-day period is still running until or unless the LPA makes a determination as to whether or not their prior approval of the change of use is required, and (if so) whether such approval is granted.<br /><br />If this development really does qualify under the terms of Class J, and no proper determination of the prior approval application is made by the LPA within the 56-day time limit, the right to carry out the development then ‘crystallises’ and the developer is free to go ahead with it. However, if there is a remaining element of doubt or dispute, this could be resolved by an application for a CLOPUD under section 192. A bolder (and more risky) tactic would just be to get on with it and dare the council to take enforcement action, which they might be reluctant to do if they are presented with evidence that the building was being lawfully used for an independent use within Class B1(a) immediately prior to 30 May 2013, and does genuinely qualify under the criteria laid down in Class J.<br /><br />As Chris notes, under the present rules the change of use (i.e. residential occupation) must take place by 30 May 2016 at the latest, and there can be no guarantee that this period will be extended (as the present government would like to do if they are still in power after the General Election). So any delay on the part of the LPA in dealing with a CLOPUD application should be appealed under section 195 if they haven’t determine that application by the end of 8 weeks after it is made. This should still allow time to complete the development before 30 May 2016 (still 16 months away at the time of writing).<br /><br />The usual disclaimer applies to this answer, bearing in mind that I am not in possession of the full facts, and am not formally instructed in the matter.<br />Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-12494756542726414122015-01-18T15:31:13.870+00:002015-01-18T15:31:13.870+00:00LPA have stated I do not have PD rights to change ...LPA have stated I do not have PD rights to change B1(a) to C3 as the office is 'ancillary development to farm, does not constitute and office under GPDO'. Small Office is physically + functionally separate, substantially different business run from it by a family member. I believe I have PD rights; do I appeal to inspectorate? is the 56 day clock still ticking? Realising that May 2016 will come around quickly and LPA may just be wasting time to prevent the conversion being completed. Next coalition lot may withdraw the new PD rights... Any help or info from any experience of this will be much appreciated. Thank you in anticipation - ChrisChrisnoreply@blogger.com