Validation - Red line - Public forum - Planning Advisory Service (PAS)

Some LPAs always seem to require the red line to touch the public highway ... although I have personally never been comfortable with this. To me the red line should outline the land to be developed ... and sometimes by extending the red line unnecessarily you also then run into to issues relating to the notification of 3rd parties. Not an answer but an opinion! Mike

As the application is for prior approval not one seeking planning permission there is no requirement for a red line. Prior approval means planning permission as already been granted subject to compliance with the relevant condition. The only plans and information that are required are detailed in Part 6 of the General Permitted Development Order 1995. If the application has been lodged with the council for longer than 28 days and there are no other issues with it your client would arguably be entitled to construct the access. On planning applications the reason the red line has to go down to the public highway is explained in the guidance on validation of applications, the application site has to include all land necessary to carry out the development this includes access to the a public highway

Thanks chaps...as I though then.

The purpose of the red line is to define the application site, and should really reflect the planning unit (not the specific development). The planning unit needs to include some sort of access. In your case, for the Prior Approval application, you are no doubt arguing that the track is part of a wider agricultural unit (of a certain size). Depending on the size, it may not be practicable to have the whole agricultrual unit within the red line, but it would be good practice to have the access included and any land directly served by the development which is the subject of your application. Are you trying to argue that the planning unit, which is the subject of the application does not have an access? And more oddly, that the track is a planning unit on it's own? You are required by the GPDO to define 'the site' "(i) the developer shall, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be; (ii) the application shall be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;" You might not like it, but I think the Local Authority can ask you to define the site to the Highway.

The requirement is to define the site, there is no defined way of doing this as with the requirement for a red line on a planning application site If the plans you have submitted show the extent of the access and it is clear where it is going this is all the authority is entitled to. you do no have to even submit full details of the access road simply as it says a written description any plans are only to assist the authority. To reiterate this is not an application for planning permission . If the authority are unwilling to move on this I would advise you client waits the 28 days and then seek confirmation from the council that he is entitled to carry out the works.

This lunchtime I have been asked by DC officer to amend the red line to meet not just a highway (private road over which there is no restriction on access) but a publicly adopted highway. Coincidentally the application goes out of time at close of business today. Any views on whether it is appropriate for the LPA to insist on the red line going to an adopted highway?

As advised in my view there is no requirement for a red line on prior approval application there is no requirement to define the planning unit. However, I often find that to argue your case is far more effort than it is worth with local authority officers. I would suggest an option is you provide the red line as requested and then if for any reason they refuse the prior approval argue you have consent.