The Court of Appeal has provided clarification about the prior approval notification procedure and when permitted development may, or may not, be unlawful. This guidance note summarises two judgements that are likely to be of interest to members who are considering using permitted development rights.
1. In 2010, the Court of Appeal issued clarification about the prior approval notification procedure in the Murrell decision, and
2. The Court of Appeal judgement in Keenan clarified that even if a planning authority does not respond within the relevant time frame to a prior approval application, it does not make the development lawful if that development actually falls outside the conditions, limitations and exceptions set out in the relevant Part of the GPDO.