Interpretation of Class A of the GPDO 2015 and Prior Approval

Interpretation of Class A of the GPDO 2015 and Prior Approval


CategoryNews Author Philippa Jackson, Daniel Stedman Jones Date

On 3 October 2017, in R(Marshall) v Christchurch and East Dorset DC, Gilbart J granted permission on all grounds for a challenge to Christchurch and East Dorset District Council’s ongoing assessment of the planning status of land in Dorset and its decision that prior approval was not needed.

Unusually, and in light of the complex issues raised, Gilbart J has issued a full judgment – [2017] EWHC 2416 (Admin) – at the permission stage.

In addition to Class A itself, matters of wider importance that will be considered in detail at the substantive hearing include the appropriate roles of the court and the local planning authority in circumstances where a challenge is brought to local planning authority’s decision on prior approval matters, whether any remedy is available, questions of validity of prior approval applications and also the appropriate consideration of heritage impact in such applications.

Daniel Stedman Jones acted for the Claimant, Mr Marshall, and Philippa Jackson acted for the local planning authority. A link to the judgment can be found here.


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