On an agricultural unit there are two buildings (A&B) each of
approx 900m2. A PN was applied for Class R for 500m2 on building A and
refused. 3 years later a Class R PN was applied for on building B for
500m2 and granted. In the Officer's report for this approval it was
admitted that the earlier refusal for Class R on building A was incorrect.
Building A is more substantial and lends itself better to conversion
under Class R. Building B is a glasshouse in a very poor state of
repair and serious operational development will be required to
implement any use under class R - no application for operational
development has been made. Building B lies empty and semi-derelict, no
use under class R has been implemented.
On enquiry to the LPA they have stated that a PN for building A under
Class R would not be considered as the 500m2 maximum has been taken up
by the approval of class R for Building B.
If Class R has not been implemented on building B is it correct to
say that Building A is now disallowed from making a PN for Class R?
TCPA 1990 s56(1) Legislation surrounding initiation states the following:
Time when development begun.
(1)Subject to the following provisions of this section, for the
purposes of this Act development of land shall be taken to be initiated—
(a)if the development consists of the carrying out of operations, at
the time when those operations are begun;
(b)if the development consists of a change in use, at the time when
the new use is instituted;
(c)if the development consists both of the carrying out of operations
and of a change in use, at the earlier of the times mentioned in
paragraphs (a) and (b).
All comments appreciated.
