Keenan v Woking Borough Council & Anor [2017] EWCA Civ 438 (16 June 2017)

Keenan v Woking Borough Council & Anor [2017] EWCA Civ 438 (16 June 2017)

A local planning authority's failure to respond within 28 days to a prior approval application under GPDO 1995 does not grant planning permission for development that does not fall within the relevant class of permitted development; only development meeting all criteria and conditions is permitted, and the 28-day rule cannot enlarge the scope of permitted development.

Citation
[2017] EWCA Civ 438
Parties
Appellant: Patrick Keenan; First Respondent: Woking Borough Council; Second Respondent: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Permitted Development, Prior Approval Procedure, Enforcement Notices, Town and Country Planning Act 1990, General Permitted Development Order 1995
Planning Law Administrative Law Permitted Development Prior Approval Procedure Enforcement Notices Town and Country Planning Act 1990 General Permitted Development Order 1995

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Parties

Patrick Keenan

Appellant

Woking Borough Council

First Respondent

Secretary of State for Communities and Local Government

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Effect of local planning authority's failure to respond within 28 days to prior approval application under GPDO 1995
  2. 2 Whether development not falling within permitted development class can gain planning permission by default

Ratio Decidendi

A local planning authority's failure to respond within 28 days to a prior approval application under GPDO 1995 does not grant planning permission for development that does not fall within the relevant class of permitted development; only development meeting all criteria and conditions is permitted, and the 28-day rule cannot enlarge the scope of permitted development.

Court Disposition

Appeal dismissed

Orders

  • Appeal under section 289 of the Town and Country Planning Act 1990 dismissed
  • Inspector's decision on ground (c) appeal upheld