The effect of Schedule 2 Part 6 Class A of the GPDO is to grant planning permission for, inter alia, the carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more of works “for the erection, extension or alteration of a building” which are “reasonably necessary for the purposes of agriculture within that unit”. However, this is subject to the developer, before beginning the development, applying to the local planning authority for a determination as to whether prior approval of the LPA will be required for the siting, design and external appearance of the building. If the LPA fails within twenty-eight days from receipt of the application to make a determination and notify the developer, planning permission is deemed to have been granted.
In Harrogate Borough Council v Crossland [2012] EWHC 3260 (QB) the developers gave prior written notice by letter to the LPA in respect of the proposed erection of a barn on land within an AONB, enclosing a payment of £45 by way of the fee. This was £5 short, though evidence was given to establish the fact that the developers were aware from the LPA of the correct fee. The LPA acknowledged the letter immediately, and requested the underpayment. However, shortly after so doing it wrote again to the developers stating that its prior approval was required. The developers then wrote a letter to the LPA in terms identical to their original letter, enclosing a further payment of £5. The LPA took no action on that letter.
The effect of Schedule 2 Part 6 Class A of the GPDO is to grant planning permission for, inter alia, the carrying out on agricultural land comprised in an agricultural unit of 5 hectares or more of works “for the erection, extension or alteration of a building” which are “reasonably necessary for the purposes of agriculture within that unit”. However, this is subject to the developer, before beginning the development, applying to the local planning authority for a determination as to whether prior approval of the LPA will be required for the siting, design and external appearance of the building. If the LPA fails within twenty-eight days from receipt of the application to make a determination and notify the developer, planning permission is deemed to have been granted. In Harrogate Borough Council v Crossland [2012] EWHC 3260 (QB) the developers gave prior written notice by letter to the LPA in respect of the proposed erection of a barn on land within an AONB, enclosing a payment of £45 by way of the fee. This was £5 short, though evidence was given to establish the fact that the developers were aware from the LPA of the correct fee. The LPA acknowledged the letter immediately, and requested the underpayment. However, shortly after so doing it wrote again to the developers stating that its prior approval was required. The developers then wrote a letter to the LPA in terms identical to their original letter, enclosing a further payment of £5. The LPA took no action on that letter. The developers’ contention before the court was that planning permission for the proposed erection of the barn had been granted by default. Because their original letter of application was not accompanied by the full fee, it was not at the time of the LPA’s determination a valid application. Accordingly, the LPA’s notification of its determination was invalid. On payment of the balance of the fee, that letter of application became valid and the LPA had failed to issue a notification within twenty-eight days. The court rejected this argument, holding that nothing in the Class A conditions expressly permitted subsequent validation. The LPA pointed out the shortfall but never chose to assert that the application was invalid. It had elected to treat the application as valid, and had notified the developers of its determination within the twenty-eight day period. There was nothing in the Class A conditions to prevent the LPA doing this, and there was judicial authority for the proposition that how to treat an application that was not accompanied by the correct fee was a matter for the LPA. John Martin
