Pipspaw
Member
Hi,
This is a bit of a long one, but if anyone has the inclination to read this, I would definitely like to hear of other people’s experience and your views in this crazy situation I am in with my Class Q permitted development!!
In March 2020 I applied for Class Q permitted development (via a planning consultant) to convert an agricultural barn to a dwelling. The decision of “prior approval given” was granted in May 2020 and in the delegated report associated with this, the planning officer references all the planning history since I purchased the property in 2011.
Since this decision was made by the Council, I have decided to sell the property. We exchanged at the beginning of January and are due to complete on 18th May 2021.
In January 2021 the buyers put in planning permission which was declined for various reasons not relating to the Class Q permitted development. However, in the delegate report of the buyers declined planning it states;
‘Further consideration of the planning history of the site has identified discrepancies.’
As you can imagine, this statement has called into question the validity of the Class Q prior approval. The frustrating part is that there is no new evidence - all dates and information were available when the decision was made a year ago. Why, if there was any reason to question the decision to grant the prior approval, was it not brought up with the original application in 2020? I would also like to point out that it is the same case officer who has dealt with both applications.
We have put forward all the information we have to clear up the ‘discrepancies’ but have spent the last month going round in circles, as the Council are unable or unwilling to decide on the lawfulness of our prior approval.
I have asked the Council for a meeting to discuss this and to hopefully either conclude this matter or understand what more is needed. I have been advised by the Council that they can’t make any further decision as there is no planning application open, which is correct as it was granted over a year ago.
Last week we were advised by the Council that to get this sorted we need to apply for a “Certificate of Lawfulness” – it seems like madness that we are having to ask the Council to clear up the confusion that it has unilaterally caused. Having spoken to professionals in this field, this seems a highly unusual approach seeing as permitted development has already been approved. It can also take up to 8 weeks to process, which will cause unnecessary mental and financial stress on many families as there is a chain of 4 houses in this sale chain.
We also don’t want to go down the route of the Certifiacte of Lawfulness as we believe the Council have already made up their mind and if they say no, than this has been decided, as with the present position there is still a discussion.
I have had nothing but a positive experience with the Council planning department, but I am now extremely disappointed with the unprofessional way that the Council have dealt with this matter.
We are looking to the Council to formally state its position on the status of the determination of the prior approval now made and the planning permission that has been granted. This uncertainty has been unilaterally caused by the local planning authority and I feel the onus is now on the Council to clear up this confusion.
I am wondering if anyone has been put into this type of position around Class Q or if you have any suggestions or recommendations to try and break this deadlock?
Any feedback welcomed
This is a bit of a long one, but if anyone has the inclination to read this, I would definitely like to hear of other people’s experience and your views in this crazy situation I am in with my Class Q permitted development!!
In March 2020 I applied for Class Q permitted development (via a planning consultant) to convert an agricultural barn to a dwelling. The decision of “prior approval given” was granted in May 2020 and in the delegated report associated with this, the planning officer references all the planning history since I purchased the property in 2011.
Since this decision was made by the Council, I have decided to sell the property. We exchanged at the beginning of January and are due to complete on 18th May 2021.
In January 2021 the buyers put in planning permission which was declined for various reasons not relating to the Class Q permitted development. However, in the delegate report of the buyers declined planning it states;
‘Further consideration of the planning history of the site has identified discrepancies.’
As you can imagine, this statement has called into question the validity of the Class Q prior approval. The frustrating part is that there is no new evidence - all dates and information were available when the decision was made a year ago. Why, if there was any reason to question the decision to grant the prior approval, was it not brought up with the original application in 2020? I would also like to point out that it is the same case officer who has dealt with both applications.
We have put forward all the information we have to clear up the ‘discrepancies’ but have spent the last month going round in circles, as the Council are unable or unwilling to decide on the lawfulness of our prior approval.
I have asked the Council for a meeting to discuss this and to hopefully either conclude this matter or understand what more is needed. I have been advised by the Council that they can’t make any further decision as there is no planning application open, which is correct as it was granted over a year ago.
Last week we were advised by the Council that to get this sorted we need to apply for a “Certificate of Lawfulness” – it seems like madness that we are having to ask the Council to clear up the confusion that it has unilaterally caused. Having spoken to professionals in this field, this seems a highly unusual approach seeing as permitted development has already been approved. It can also take up to 8 weeks to process, which will cause unnecessary mental and financial stress on many families as there is a chain of 4 houses in this sale chain.
We also don’t want to go down the route of the Certifiacte of Lawfulness as we believe the Council have already made up their mind and if they say no, than this has been decided, as with the present position there is still a discussion.
I have had nothing but a positive experience with the Council planning department, but I am now extremely disappointed with the unprofessional way that the Council have dealt with this matter.
We are looking to the Council to formally state its position on the status of the determination of the prior approval now made and the planning permission that has been granted. This uncertainty has been unilaterally caused by the local planning authority and I feel the onus is now on the Council to clear up this confusion.
I am wondering if anyone has been put into this type of position around Class Q or if you have any suggestions or recommendations to try and break this deadlock?
Any feedback welcomed
