GN26-17 Permitted Development Rights: Prior approval procedure (Court of Appeal decisions)

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.

Inquiry into the Historic Environment

The Wales Culture, Welsh Language and Communications Committee is undertaking a rapid select committee inquiry into the historic environment, following the publication of new heritage policy and guidance in 2016-17, and the Historic Environemnt (Wales) Act 2016.  The CLA was closely involved in both, and the CLA evidence generally supports the Act and Cadw's new best practice guidance, but suggests better ways of addressing the problem of buildings at risk, and expresses strong concerns about the dangerous system of 'preservation notices' in a last-minute addition to the Act.  In addition it points out the need to reform the current very labour-intensive heritage protection system, so that it can operate much more effectively within the limited levels of resourcing which will actually be available on the ground.

GN20-17 Government planning guidance to support applications for farm shops, polytunnels and on-farm reservoirs (England only)

This Guidance Note provides government planning guidance to support applications for farm shops, polytunnels and on-farm reservoirs.  It is aimed at assisting both applicants and planning authorities with decision-making about these farm-based developments.

GN18-17 Solutions for problem heritage and heritage at risk in England and Wales

This Guidance Note is the only guidance on this subject written from the viewpoint of those who own and manage heritage.  It is an introduction to the widespread problem of managing heritage which is in decay, usually because the cost of repairing and/or re-using the building is much greater than any feasible economic return.  It also suggests what you can do if there are local authority or Historic England/Cadw repair or compulsory purchase initiatives on buildings you manage or own.

Briefing Note: Heritage reform in Wales including the Historic Environment (Wales) Act 2016

This briefing note covers issues with heritage protection in Wales, the ongoing Heritage Protection Review, and the implications of the Historic Environment (Wales) Act 2016 for members.  The Review has substantially improved heritage planning policy and guidance, after much CLA lobbying, but it has not attempted to solve the biggest problem, the lack of heritage resource in Welsh local authorities.

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