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29th August 2019

High Court determines that Local Authority could not agree extension of time for prior approval application

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In the recent case of R. (on the application of Warren Farm (Wokingham) Ltd) v Wokingham Borough Council [2019], the High Court determined that the local authority did not have jurisdiction to agree an extension of time for the determination of a prior approval application. The application was for the change of use of a barn to a dwelling house pursuant to Class Q of the Town and Country Planning (England) (General Permitted Development) Order 2015. The relevant statutory provisions allowed the development to proceed following the expiry of 56 days from the date of the application, so the Council’s decision had to be made before that. Therefore, the Council’s decision refusing prior approval beyond the 56 day period was quashed and the development could proceed. This case will have implications for other prior approval decisions made following an agreed extension of time.

For more information, contact Gemma Dudley on 01223 461155 or click here to email Gemma.