Silence is golden

An inspector has granted prior approval under Part 3, Class R of the GPDO for change of use to a storage and distribution use in Staffordshire notwithstanding the council’s protest that only the bases of the barns remained (DCS Number 400-032-422).

The appeal site contained three large concrete pads, the inspector observed. Article 2(1) of the GPDO, he recorded, sets out its interpretation of a ‘building’: A building is any structure or erection and any part of a building other than; plant, machinery, gates, fences, walls or other means of enclosure. Given that the pads once formed the bases of buildings, he reasoned, each was part of a building. While the rest of the structures had been removed, he found no reason to consider that the pads were no longer part of a building. In particular, he recorded that both Article 2(1) and Class R of the GPDO are silent as to any requirement for the whole building to still be present. As such, he determined, they benefited from the permitted development rights set out within the Class.

Did someone forget to add Class R to the exceptions listed in Article 2(1)(a) which exclude part of a building? 

Section 4.3423 covers Part 3 of the GPDO.