Where there’s a will…..

Here is an inspector using a pragmatic approach to dealing with the limitations of the prior approval procedure.

An application was made under Schedule 2, Part 3, Class O of the GPDO for the change of use of a property in southwest London from office use to a dwellinghouse but was refused by the council on the grounds of its impact in relation to transport and highways (DCS Number 400-010-764). The council would have granted the proposal if there was a mechanism in place whereby the occupiers of the building would be prevented from obtaining a residents’ parking permit but in the absence of any such mechanism, it had refused the application due to the unacceptable impacts on parking. A residents’ parking scheme was in place and the council was concerned that additional eligibility for residents’ parking would be unacceptable due to the levels of demand exceeding supply in the area.

The inspector referred to the advice in the PPG which stated that a negatively worded condition which prevents the development proceeding until an obligation is entered into can be appropriate in exceptional circumstances and where it relates to one of the matters under consideration. Since the only obstacle which stood in the way of the development proceeding was the need for an obligation to prevent future occupiers applying for or being entitled to a residents’ permit he was satisfied that such a condition was appropriate in the circumstances of the case.

Readers will no doubt be able to think of analogous examples where such an approach could be usefully employed.

The following DCP chapter is relevant: 10.3135

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