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   »    GPDO    »    Part 20 - Airspace    »    Paragraph W – Procedure for applications for Prior Approval under Part 3

Paragraph B – Procedure for applications for Prior Approval under Part 20

Paragraph B

If you are looking to submit a prior approval application under Part 20 – flats in airspace, then you will need to comply with all elements of Paragraph B. Failure to comply with Paragraph B could result in your application not being validated or refusal. 

As with any other part of the GPDO the original legislation is not updated, therefore you need to read all the amendments that relate to the part of the GPDO that is of interest to you. Thankfully at Planning Geek, that is all done for you.  This is up to date to the date mentioned at the end of this page. 

Below this the full legislation for Paragraph B.

Legislation

 
Procedure for applications for prior approval under Part 20

B.— (1) The following provisions apply where under this Part, a developer is required to make an application to a local planning authority for prior approval.
(1A) The application, if made in relation to development proposed under Class ZA, must be accompanied by—
        (a) a written description of the proposed development, which must include details of the building proposed for demolition, the building proposed as replacement and the operations proposed under paragraph ZA(3);
        (b) a plan, drawn to an identified scale and showing the direction of North, indicating the site of the proposed development;
        (c) drawings prepared to an identified scale and showing external dimensions and elevations of—
                (i) the building proposed for demolition,
                (ii) the building scheduled as replacement,
        and, in the direction of North, the positioning of each, together with the applicable information called for by sub-paragraph (1B);
        (d) a written statement specifying—
                (i) the number of dwellinghouses in the building proposed for demolition, and
                (ii) the number of new dwellinghouses proposed in the building proposed as replacement,
        (e) where sub-paragraph (6) requires the Environment Agency to be consulted, a site specific flood risk assessment;
        (f) a written statement in respect of heritage and archaeological considerations of the development;
        (g) the developer’s contact address; and
        (h) the developer’s email address if the developer is content to receive communications electronically;
together with any fee required to be paid.

(1B) The information referred to in sub-paragraph (1A)(c), which so far as practicable, is to be presented in the direction of North and to show elevations is—
        (a) where the building proposed as replacement is a block of flats—
                (i) the position and dimensions of windows, doors and walls in the block and in each dwellinghouse in it, and
                (ii) the dimensions and use of all habitable and other rooms in each dwellinghouse in it;
        (b) where the building proposed as replacement is a single dwellinghouse—
                (i) the position and dimensions of the windows, doors and walls in it, and
                (ii) the dimensions and use of all habitable and other rooms in it.

(1C) Sub-paragraph (2) does not apply to any application made in relation to development proposed under Class ZA.

(2) The application must be accompanied by—
        (a) a written description of the proposed development, which, in relation to development proposed under any of Classes A to AD, must include details of any dwellinghouse and other works proposed under paragraph A(a) to (d), AA(1)(a) to (d), AB(3)(a) to (d), AC(2)(a) to (c), or AD(2)(a) to (c) (as the case may be);
        (b) a plan which is drawn to an identified scale and shows the direction of North indicating the site and showing the proposed development;
        (c) floor plans which are drawn to an identified scale and show the direction of North indicating the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the existing and proposed elevations of the building;
        (d) a written statement specifying the number of new dwellinghouses proposed by the development (that is, additional to any dwellinghouses in the existing building);
        (e) a list of all addresses of any flats and any other premises in the existing building;
        (f) the developer’s contact address;
        (g) the developer’s email address if the developer is content to receive communications electronically; and
        (h) where sub-paragraph (6) requires the Environment Agency to be consulted, a site specific flood risk assessment,
together with any fee required to be paid.

(3) The local planning authority may refuse an application where, in the opinion of the authority—
        (a) the proposed development does not comply with, or
        (b) the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with, any conditions, limitations or restrictions specified in this Part as being applicable to the development in question.

(4) Sub-paragraphs (5) to (10) and (12) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5) Where the application relates to prior approval as to transport and highways impacts of the development, on receipt of the application where in the opinion of the local planning authority the development is likely to result in a material increase or a material change in the character of traffic in the vicinity of the site, the local planning authority must consult—
        (a) where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;
        (b) the local highway authority, where the increase or change relates to traffic entering or leaving a classified road or proposed highway, except where the local planning authority is the local highway authority; and
        (c) the operator of the network which includes or consists of the railway in question, and the Secretary of State for Transport, where the increase or change relates to traffic using a level crossing over a railway.

(6) Where the application relates to prior approval as to the flooding risks on the site, on receipt of the application, the local planning authority must consult the Environment Agency where the development is—
        (a) in an area within Flood Zone 2 or Flood Zone 3; or
        (b) in an area within Flood Zone 1 which has critical drainage problems and which has been notified to the local planning authority by the Environment Agency for the purpose of paragraph (zc)(ii) in the Table in Schedule 4 to the Procedure Order.

(7) Where the application relates to prior approval as to the impact on air traffic or defence assets, the local planning authority must consult any relevant operators of aerodromes, technical sites or defence assets and where appropriate the Civil Aviation Authority and the Secretary of State for Defence.

(8) Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, the local planning authority must not grant prior approval contrary to the advice of the operator of the aerodrome, technical site or defence asset, the Civil Aviation Authority or the Secretary of State for Defence.

(9) Where the application relates to prior approval as to natural light, the local planning authority must refuse prior approval if adequate natural light is not provided in all the habitable rooms of the dwellinghouses.

(10) Where the application relates to prior approval as to the impact on protected views, the local planning authority must consult Historic England, the Mayor of London and any local planning authorities identified in the Directions Relating to Protected Vistas dated 15th March 2012 issued by the Secretary of State.

(10A) Where the application relates to a prior approval as to the impact of the development on heritage and archaeology, the local planning authority must so far as they consider reasonably practicable consult any bodies that they consider to have heritage and archaeological expertise relevant to their functions under Part 3 of the Act and this Order.

(11) The local planning authority must notify the consultees referred to in sub-paragraphs (5), (6), (7), (10) and (10A) specifying the date by which they must respond, being not less than 21 days from the date the notice is given.

(12) The local planning authority must give notice of the proposed development—
        (a) by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—
                (i) describes the proposed development;
                (ii) provides the address of the proposed development; and
                (iii) specifies the date by which representations are to be received by the local planning authority;
        (b) unless the proposed development falls within Class ZA, by serving a notice in that form on all owners and occupiers of any flats and any other premises within the existing building; and
        (c) by serving a notice in that form on any adjoining owner or occupier.

(13) When computing the number of days in sub-paragraphs (11) and (12)(a), any day which is a public holiday must be disregarded.

(14) The local planning authority may require the developer to submit such information as the authority may reasonably require in order to determine the application, which may include—
        (a) assessments of impacts or risks;
        (b) statements setting out how impacts or risks are to be mitigated, having regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in February 2019; or
        (c) details of proposed building or other operations.

(15) The local planning authority must, when determining an application—
        (a) take into account any representations made to them as a result of any consultation under sub-paragraph (5), (6), (7) or (10) and any notice given under sub-paragraph (12);
        (b) have regard to the National Planning Policy Framework issued by the Ministry of Housing, Communities and Local Government in February 2019, so far as relevant to the subject matter of the prior approval, as if the application were a planning application; and
        (c) in relation to the contamination risks on the site—
                (i) determine whether, as a result of the proposed development, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 1990, and in doing so have regard to the Contaminated Land Statutory Guidance issued by the Secretary of State for the Environment, Food and Rural Affairs in April 2012, and
                (ii) if they determine that the site will be contaminated land, refuse to give prior approval.

(16) The development must not begin before the receipt by the applicant from the local planning authority of a written notice giving their prior approval.

(17) The development must be carried out in accordance with the details approved by the local planning authority.

(18) The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.

 

 

Page updated: 7h September 2020

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