I didn’t get prior approval what now?
September 12, 2023 by Stacey in forum Planning Forum
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#2094 Stacey, 12 September 2023, 19:28
I converted space above a shop to a flat, I did not apply for prior approval I then applied for a Lawful development cert for existing use which was refused due to the lack of prior approval but I thought that was the point. Should I have applied for lawful development cert for proposed use even tho the work was finished
#2095 Damian, 12 September 2023, 20:51
You should have applied for Prior Approval and before the works commenced. Now that you have commenced/completed, you’re probably not going to have any choice but to submit a Full Planning application.
If you had submitted a PA application, you then don’t have to submit a LDC application after. After a certain period of time, you could submit a LDC application for an existing use on the basis the works have been completed and in use for many years. But as you and the works are now on the Council’s radar, I would not suggest you try that route.
If you had submitted a PA application, you then don’t have to submit a LDC application after. After a certain period of time, you could submit a LDC application for an existing use on the basis the works have been completed and in use for many years. But as you and the works are now on the Council’s radar, I would not suggest you try that route.
#2096 Stacey, 13 September 2023, 06:12
Thank you very much that’s really helpful. It seems like such a simple change under PD but with prior approval I can’t believe it’s turned into a full app. What is covered by lawful development of proposed use, should that have been used?
#2097 Damian, 13 September 2023, 07:55
Prior Approval is like a halfway house between Permitted Development and Full Planning. The conversion/change of use required Prior Approval and is therefore not straight forward PD. Prior Approval means the LPA can review and request additional information prior to granting the PA application. PD works are those that can be carried out without Planning. You cannot use the the LDC application route for your proposals.
#2101 Stacey, 14 September 2023, 20:05
That makes sense is there a list somewhere of PD that requires prior approval? Do I need prior approval to convert C3 to C4 if it’s not article 4?
#2105 Damian, 15 September 2023, 21:37
It would depend on the number of occupants. Review my response to your original post.
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