Permitted Development Part 4 Class A

[Jdwood38]

Good evening everyone,

I wonder if there are any planning experts here who could advise on GPDO Part 4, Class A? In particular, if a housing development is 'borrowing' adjoining land for a construction area (portacabins, materials storage etc.) under this particular legislation, whether or not the PD is valid if the outline planning consent for the main site has pre-commencement conditions that have not been discharged (despite some of the houses moving to completion!). I have underlined the relevant clause below. Basically, is outline planning permission 'granted' or 'deemed to be granted' if these pre-commencement conditions are not discharged?

Thanks in advance.

PART 4
Temporary buildings and uses
Class A – temporary buildings and structures

Permitted development
A. The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.

Development not permitted
A.1 Development is not permitted by Class A if—

(a)the operations referred to are mining operations, or

(b)planning permission is required for those operations but is not granted or deemed to be granted.

 

[^woody^]

Hasn't the commencement question been answered in your other thread?

The use of other land is nothing to do with PD for something else

 

[Jdwood38]

You have a good memory woody. Whilst yes, I think I do understand that answer - that the developer has commenced at risk, and the council has allowed development to continue in the consideration of 'expediency' this now relates directly to the permitted development given (after construction had begun on the PD site also).

This relates to an adjoining piece of land to the development site in question used as set out in Class A: "The provision on land of buildings, moveable structures, works, plant or machinery required temporarily in connection with and for the duration of operations being or to be carried out on, in, under or over that land or on land adjoining that land.". We have it confirmed by the council that they have granted PD to this adjoining, 'borrowed' not due to be developed land but we do not seem to be able to get an answer on whether or not this is acceptable based upon clause A.1(b) as set out in the original post.

I might not be explaining it clearly enough...

 

[^woody^]

So, you want to stop PD going ahead on one bit of land on the basis that another bit of land is being used for materials etc and the use of that other bit of land may not be PD?

Well, no, the two bits of land and their PD status are distinct, even though the use is related.

Are you looking for technicalities to hamper what will be ultimately inevitable?

 

[Jdwood38]

Not at all wanting to stop anything now, just wanting to understand. The opening of an entrance to this PD site introduced a new surface water flow route directly to our front door. So I am trying to ascertain whether or not it should have been allowed under PD given the statement in Part 4 that it wouldn't be allowed if planning permission has not be granted or deemed granted - has it been granted or is it deemed granted if the pre-commencement conditions are not discharged.

I appreciate the assistance that you have given me many times on this forum and that you must get tired of some of the questions that you see. Given that you are willing to assist, I would appreciate it if you could work with me in the understanding rather than the assumption that I am just another nimby trying to stop development from happening anywhere.

 

[^woody^]

If the works are causing you damage or nuisance, then you need to pursue a claim or action under other legislation such as nuisance (private or public) or environmental law, as you have no redress or rights under PD.

PD is not granted. It's permitted. If the development or operations are not being carried out in accordance with the PD criteria and should infact require formal permission, then it may not be expedient for the council to request it or take any action, as by the time things drag out, the main development is finished and the land in question reverted. Nor may any impact be worth spending any public money or time on.