An inspector rejected a prior approval appeal relating to the extension of a barn conversion near Huddersfield (DCS Number 400-010-006), finding that planning permission was required. Planning permission had originally been granted for the adaptation of the barn to extend the existing dwelling and was subject to a condition which stated that ‘notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 the barn as converted shall not be extended nor shall any windows or doors be inserted other than those shown on the plans hereby approved unless otherwise agreed in writing by the local planning authority’. The appellant argued that the condition was not enforceable because it referred solely to the 1995 GPDO and that has now been superseded by the 2015 GPDO. The inspector explained, however, that Section 17 of the Interpretation Act 1978 meant that the existing condition relating to the 1995 GPDO should be construed as if it related to the 2015 GPDO.
Assuming the inspector is correct in this matter, it appears that references commonly found in standard planning conditions to future amendments to the GPDO are superfluous and as such, arguably, ought to be deleted.
The following DCP chapter is relevant: 4.4261