Prior approval not granted after 56 day notification expired

The conversion of a barn in Rutland to three dwellings was not permitted under Class MB of Part 3 to Schedule 2 of the GPDO 2015 despite the council having failed to notify the appellant of its decision within 56 days as required under Part N.

The inspector noted that the floorspace involved exceeded the 450m2 limit set down in Class MB1(b) and the council’s evidence suggested that at March 2013 the site was not solely in agricultural use. Although the council failed to notify its decision within the requisite period, where a development did not accord with the limitations set out in Class MB.1 and the conditions in paragraph MB.2, this did not mean that it was permitted. Accordingly, the inspector disagreed with the appellant’s claim that the scheme could lawfully proceed since planning permission for the conversion was required.

Inspector: Claire Sherratt; Written representations


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