New Class M permitted development?

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Jon Allinson, modified 10 Years ago.

New Class M permitted development?

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

We have recently received a prioir notification under the new Part M for the change of use of an agricultural building to B8 commercial warehousing.

The only issue that we considered relevant out of the 4 options available was highways impact due to its remote rural location. The highways authority duely objected to the proposal. However following a seperate discussion between the Highways authority and the applicants agent it was agreed that a number of off site highways works would overcome the objection.

We have now received a plan showing the off site works (some upto 1 mile away) and the Highways Authority have removed their objection.

Now for the crux of our conumdrum - a) can we put conditions on a new style prior approval - the regs dont mention it (how do we like the on site development to the off site works?); and b) can we condition off site works on a new style prior approval - the regs dont mention it either.

Any views would be welcome, especially if anybody has spotted similar problems with the new regs , that you'd like to share.

planning applications prior approvals

Former Member, modified 10 Years ago.

New Class M permitted development?

Had something similar where access improvements to a site were proposed and 'promised' to be carried out following rejection of the first prior notification on highways grounds. As far as I am aware you can't use conditions. The improvement works would have to take place first (securing any necessary consent first) in my view. Then a notification can go in and hopefully all will be well.

The case I refer to was a problem as the access works required planning permission being on a classified road. An application alone for the access was not likely to get consent as it would make a horrid urban access in a rural area. The only way around it all would be to make a planning application (which would probably be resisted too but at least they could appeal). The usefulness of the new pd rights is somewhat questionable in many respects including say where physical alterations to a building/access may not be acceptable but the change of use is pd!

We've not seen a huge take up in our patch but then again there are enough 'business' sites in rural areas around here due to a historical under-resourcing of enforcement!