Class Q permission prohibited by condition

An inspector dismissed an appeal against refusal of prior approval for conversion of a Devon barn to a dwelling under GPDO Class Q.

The barn had been granted consent in 2012 subject to a condition limiting its use to horticultural and agricultural purposes, the decision being made prior to the introduction of the permitted development class. The council had refused the application for prior approval stating that the development would contravene this condition, referring to Article 3 (4) of the GPDO which states that "nothing in this order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part 3 of the Act otherwise than by this Order".

Reviewing relevant case law, and deciding the exclusion of permitted development rights to be implicit within the wording of the condition and not undermined by the lack of an explicit reference to the GPDO, the inspector concluded the development could not benefit from deemed permission.

Inspector: K Taylor; Written representations


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