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Local elections and planning

Some light ....some shadow - Local elections show a swing towards new candidates that have been chosen for their stance against larger new development schemes, as reported in Planning magazine.

So, things are less certain again and one may begin to place bets on the probability of a return to development allowed by appeal. Let us hope that the presumption in favour of development commented on recently will prevail for the smaller schemes at least.  

To seek greater chances of certainty, it is worth creatively utilising the 'fall-back position' offered by the 'given' or 'deemed' permissions of the General Permitted Development Order (GPDO). This argument may be used where a proposal does not exactly fit the permitted development rules but may be close enough to use the argument (or threat) of likelihood of being built anyway, or its use changed, without local authority permission. The local authority may accept this as a material consideration in determining the application and therefore may be more inclined to permit something. The closer the proposal resembles a permitted development, the more likely a local authority will accept the fall-back position.  

In response to requests, the headings of all the GPDO's 42 Parts to date are given on the attachment together with the link to the legislation that provides the detail and conditions for each Part.  

Watch this space as the government is considering changes to the GPDO and permitting changes of use TO Residential FROM some existing Commercial development.


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