Exempt from a fee or not

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - This week

Jon Allinson, modified 9 Years ago.

Exempt from a fee or not

Enthusiast Posts: 32 Join Date: 19/10/11 Recent Posts

I am hoping that the following scenario is one which people have come across as it is bamboozling us!!

Context - Barn conversion into 2 residential units some time ago but with pd rights for extensions removed.

New owner now wishes to build an extension under the prior notification system i.e up to 6m in depth. We have told him that he has no pd rights so that he cant do it this way, We then said as it doesnt meet the basic requirements of pd i.e over 3m in depth,, it would not be exempt from the £172 fee. [We also dont like the design as we have refused it twice (including at appel) but thats not relevent in this question!!]

So the question I have is - with the advent of the larger extensions, does this considerably increase the fee exemption dimensions and make my scenario fee exempt?

Hope that makes sense.

general permitted development pd fee exemptions

Former Member, modified 9 Years ago.

RE: Exempt from a fee or not

Seems to me like stuff requiring prior approval doesn't benefit from deemed permission under the GPDO until it has been through the relevant process. That would include the neighbours not objecting. So I would argue that the fee is payable because there is therefore 'another reason' that art 3 does not apply. See 5(b) of the fee regs:

5.—(1) Regulation 3 shall not apply where the local planning authority to whom the application is made are satisfied—

(a)that the application relates solely to development which is within one or more of the classes specified in Schedule 2 to the General Permitted Development Order(1) (permitted development); and

(b)that the permission granted by article 3 of that Order(2) (permitted development) does not apply in respect of that development by reason of (and only by reason of)—

(i)a direction made under article 4 of that Order(3) (directions restricting permitted development) which is in force on the date when the application is made; or

(ii)the requirements of a condition imposed on a permission granted or deemed to be granted under Part 3 of the 1990 Act(4) (control over development) otherwise than by that Order.