Can LPA take PP app for devt. that already has express PP and is lawful?

RE: Can LPA take PP app for devt. that already has express PP and is lawful

2025-03-19T11:28:29Z

Ted Slevin:

There are many situations where the developer can not be sure if its permitted development or not and does not want to take any risks In such circumstances he/she should apply for a lawful development certificate to remove any ambiguity. A full planning application is not necessary and overcomplicates the whole development and should not be used. Ted

That's very good advice, I agree. I understand now that the Saxby case mentioned below is the authority for an LPA being obliged to deal with (if the applicant so desires) an application for express grant of planning permission for proposed development that is permitted development. I'm not aware of any reason why this practice couldn't be extended to permitted development already carried out, unless perhaps by s.73A. In regards to my final bullet, '3', the situation here is where planning permission was granted in the 1980s for a retail park, restricted by both the description and condition to retail sale of various DIY and bulky goods, and where development was completed and with subsequent operation to date all in accordance with that planning permission; the applicant now wants to vary the condition terms to allow retail sale of stuff other than DIY and bulky goods from one of the units, including sale of food, but any varied condition would be in 'Fiske' conflict with the description; as there is no provision to vary the existing planning permission and no material change of use involved, the suggestion has been made that the applicant apply retrospectively for the lawful but currently vacant 'DIY and bulky' unit the subject of the 1980s permission but instead proposing it for food, etc. in terms of s.75(2). I hope this is clear!!

RE: Can LPA take PP app for devt. that already has express PP and is lawful

2025-03-19T11:16:53Z

I agree that planning applications should not be used to answer 'is permission needed' BUT when such applicatations are submitted, LPA's still need to deal with these

See this discussion in another thread https://khub.net/group/planningadvisoryservicepas/group-discussion/-/message_boards/message/1139203875

RE: Can LPA take PP app for devt. that already has express PP and is lawful

2025-03-19T09:34:03Z

There are many situations where the developer can not be sure if its permitted development or not and does not want to take any risks In such circumstances he/she should apply for a lawful development certificate to remove any ambiguity. A full planning application is not necessary and overcomplicates the whole development and should not be used. Ted

Can LPA take PP app for devt. that already has express PP and is lawful?

2025-03-18T21:30:07Z

Is it competent for a planning authority to entertain an application for planning permission for the following?

1. Proposed development that is "permitted development" [Update: I see a thread below!];

2. Development already carried out that was "permitted development";

3. Development already carried out that benefits from an express grant of planning permission and is otherwise lawful in terms of the Act.

I appreciate it may be not be clear why anyone would want to submit one of the above applications!!