Appeal 6005686

The appeal is allowed and prior approval is deemed to be granted under the provisions of Article 3(1) and Schedule 2, Part 3, Class MA as well as Part 3, Class W sub-paragraph 11(c) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for change of use of first and second floors to create self-contained apartments at [site address] in accordance with the application reference 25/0346 and the details submitted with it including plans numbered 142624/103 and 142624/104.

Class MA of Part 3 of Schedule 2 of the GPDO (Class MA) defines as permitted development the change in use of a building from a use falling within Class E (commercial, business and service) to a use falling within Class C3 (dwellinghouses) of Schedule 2 of the Town and Country Planning ([name]) Order 1987 (as amended). The first and second floor of the appeal property are vacant offices and so their use falls within Class E.

Development under Class MA is permitted subject to conditions as set out under paragraph MA.2. These include a requirement that a developer must apply to the local planning authority for a determination as to whether prior approval is required as to a number of identified matters. This appeal follows on from such an application by the appellant to the Council.

Class W of Part 3 of Schedule 2 of the GPDO (Class W) includes further provisions on prior approval applications. Of relevance in this case is sub-paragraph (11)(c) under Class W. This allows development under Class MA to commence on the expiry of 56 days following the date on which a prior approval application was received by the local planning authority and where the authority has failed to notify the applicant as to whether prior approval is given or refused.

An acknowledgement letter from the Council dated 14 April 2025 states the application leading to this appeal was accepted as being valid as of 31 March

The same letter gives a decision due date of 25 May 2025.

I am advised the Council requested a flood risk assessment that was provided by the appellant on 17 July 2025. However, the appellant’s appeal statement claims the Council has never issued a decision on the prior approval application. In support of this contention the appellant includes an email from a Council officer dated 4 February 2026 apologising for the delay in the Council issuing a decision notice on the application. Moreover, the Council has not sought to claim through its response to this appeal that a decision notice on the application has been issued. Therefore, I conclude that 56 days have expired since the application leading to this appeal was received by the Council and that the Council has not notified the appellant as to whether prior approval is granted or refused within the prescribed 56 day period. In light of sub-paragraph 11(c) of Class W, the appeal development can be commenced.

Comments from consultees on the prior approval application raise concerns with the development. However, the Council’s failure to refuse prior approval within the statutory 56 day period means I am unable to address the acceptability of the appeal development against the matters listed under paragraph MA.2.

For the above reasons, the appeal is allowed and prior approval is deemed to be granted. The appellant’s attention is brought to the conditions as set out under Section MA.2 of Class MA and paragraph (12) under Class W.