Prior approval granted for farm barn due to council lapse

A building for the storage of fodder and farming equipment at a Leicestershire farm was approved under Class A of Part 6 to Schedule 2 of the GPDO 2015 because the local authority had failed to issue its decision within the requisite 28-day period.

Once the fee had been paid and all other documentation required under Part A had been supplied, the clock started to tick, an inspector decided. The 28-day determination period did not stop while further information was requested by the council from the applicant. On this basis the council’s decision refusing prior approval was three weeks overdue. Accordingly, prior approval under the order was deemed to be granted and it was therefore permissible for the appellant to implement the scheme provided it accorded with the approved plans.

Inspector: Paul Thompson; Written representations

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