SCHEDULE 2Permitted development rights
PART 3Changes of use
Class V – changes of use permitted under a permission granted on an application
Procedure for applications for prior approval under Part 3W
1
The following provisions apply where under this Part a developer is required to make an application to a local planning authority for a determination as to whether the prior approval of the authority will be required.
2
The application must be accompanied by—
a
a written description of the proposed development, which, in relation to development proposed under Class C, M, N or Q of this Part, must include any building or other operations;
b
a plan indicating the site and showing the proposed development;
c
the developer’s contact address;
d
the developer’s email address if the developer is content to receive communications electronically; and
e
where sub-paragraph (6) requires the Environment Agency48 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 (8) and (10) 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 Agency49 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
The local planning authority must notify the consultees referred to in sub-paragraphs (5) and (6) specifying the date by which they must respond (being not less than 21 days from the date the notice is given).
8
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;
iii
specifies the date by which representations are to be received by the local planning authority; or
b
by serving a notice in that form on any adjoining owner or occupier.
9
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; or
c
details of proposed building or other operations.
10
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-paragraphs (5) or (6) and any notice given under sub-paragraph (8);
b
have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 201250, 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 change of use, taking into account any proposed mitigation, the site will be contaminated land as described in Part 2A of the Environmental Protection Act 199051, 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 201252, and
ii
if they determine that the site will be contaminated land, refuse to give prior approval.
11
The development must not begin before the occurrence of one of the following—
a
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
b
the receipt by the applicant from the local planning authority of a written notice giving their prior approval; or
c
the expiry of 56 days following the date on which the application under sub-paragraph (2) was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.
12
The development must be carried out—
a
where prior approval is required, in accordance with the details approved by the local planning authority;
b
where prior approval is not required, or where sub-paragraph (11)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (1),
unless the local planning authority and the developer agree otherwise in writing.
13
The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval.