7 Notification requirements

Notification Requirements Imposed by the General Development Order:

‘A. 2(2) Subject to paragraph (3), development consisting of–

(a)the erection, extension or alteration of a building;

(b)the formation or alteration of a private way;

(c)the carrying out of excavations or the deposit of waste material (where the relevant area, as defined in paragraph D.1(4) of this Part below exceeds 0.5 hectare); or

(d)the placing or assembly of a tank in any waters.

is permitted by Class A subject to the following conditions–

(i)the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building, the siting and means of construction of the private way, the siting of the excavation or deposit or the siting and appearance of the tank, as the case may be;

(ii)the application must be accompanied by a written description of the proposed development and of the materials to be used and a plan indicating the site together with any fee required to be paid;

(iii)the development must begin before the occurrence of one of the following–

(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;

(bb)where the local planning authority give the applicant notice within 28 days following the date of receiving the applicant’s application of their determination that such prior approval is required, the giving of such approval; or

(cc)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

(iv)where the local planning authority give the applicant notice that such prior approval is required the applicant must:

(aa)display a site notice by site display on or near the land on which the proposed development is to be carried out, leaving the notice in position for not less than 21 days in the period of 28 days from the date on which the local planning authority gave the notice to the applicant.

(bb)where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to [in (iv)(aa) above] has elapsed, the applicant shall be treated as having complied with the requirements of that sub paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement.

(v)the development must, except to the extent that the local planning authority otherwise agree in writing, be carried out–

(aa)where prior approval is required, in accordance with the details approved;

(bb)where approval is not required, in accordance with the details submitted with the application; and

(vi) the development must be carried out–

(aa)where approval has been given by the local planning authority, within a period of five years from the date on which approval was given;

(bb)in any other case, within a period of five years from the date on which the local planning authority were given the information referred to in paragraph (d) (ii).

(3)The conditions in sub paragraph (2) do not apply to the extension or alteration of a building if the building is not on Article 2(4) land except in the case of a significant alteration or a significant extension.

(4)Development consisting of the significant extension or the significant alteration of a building may only be carried out once by virtue of Class A(a).’

12.96 Class A.2(2) originally conferred additional protection against unwelcome development in National Parks and adjacent areas (now referred to as ‘Art 2(4) land’) by requiring prior notice of building works or the creation of private ways to be given to the planning authority. The latter then had a right to subject the development to its prior approval as to the siting, design and external appearance of the building(s) proposed. The notification provisions were extended in 1991 so as to apply to all such development whatever its situs.¹⁴⁰ The amendments were subsequently consolidated into Part 6 and now appear in Part 6, Class A2(2) of the 2015 Order.

(a) Scope of notification requirement

12.97 Class A.2(2) now requires prior notice to be given to the local planning authority of all development that consists of:

•the erection of a building (whatever its size);

•the significant extension or significant alteration of a building. If the building is on Art 2(4) land (eg in a National Park) any extension or alteration is notifiable, and not just ‘significant’ alterations or extensions (see Class A.2(3) of the 2015 Order); or

•the formation or alteration of a private way;

•the carrying out of excavations or the deposit of waste material where the ‘relevant’ area exceeds 0.5 hectares. The relevant area is defined to include both the area of the proposed excavation/deposit and the aggregate of all other excavations on the unit which have not been filled and all other areas on or under which waste has been deposited without being removed (Class D.1(4)). This restricts the cumulative depositing of waste or excavation of land without prior notification and approval. Once the area of deposit and/or excavations exceeds 0.5 hectares the notification requirement will apply;

•the placing or assembly of a fish tank in any waters. Section 55(4A) of the 1990 Act removed previous uncertainty by specifically providing that the placing of fish tanks in inland waters (or their assembly) is deemed to constitute development. Class A.1 gives permission for the engineering operations connected therewith (above). This provision applies the notification requirement of Art A.2(2) to such operations, enabling the planning authority to vet the design, appearance and siting of fish tanks. The notification requirement also applies to ‘any cage’ or ‘other structure for use in fish farming’, which may encompass operations wider than simply the construction of a fish tank (see definition of ‘tank’ in Class D.1.).

(b) ‘Significant’ extension/alteration

12.98 This is defined by Class D.1 to mean any extension or alteration of a building where the cubic content of the original building would be exceeded by more than 10 per cent, or the height of the building as extended/altered would exceed the height of the original building.

(c) Notification procedure

12.99 Before beginning the development, the developer must apply to the local planning authority for a determination as to whether their prior approval will be required to the siting, design and external appearance of the building or, if relevant, the siting and means of construction of the private way. A written description of the development, the materials to be used and a site plan must be submitted. The local authority then have 28 days in which to decide whether to subject the siting, design and external appearance of the project to conditions. The development cannot be begun until the developer has had written notice that the authority’s prior approval is not required, or, where the latter has given notice within 28 days of their determination that such approval is required, until the giving of that approval, or, until the expiry of 28 days from the initial appearance without the authority making a determination as to whether approval is required, or notifying the developer of their determination. If the local planning authority decide that prior approval is required, the applicant must display a site notice on (or near) the land affected for at least 21 days out of the 28 following the authority’s notification calling the matter in (see Class A.2(2)(iv)).

12.100 If carried out, the development must comply with the details as to siting etc. laid down by the authority. If no conditions were imposed by the latter it must, nevertheless, be carried out in accordance with the details submitted with the application. The development must be carried out within five years of the date on which local authority approval was given or (if none) of the date of the application. It would seem that the works must be completed within this time scale (Class A.2(2)(vi)).

12.101 Parallel provisions apply to Part 6, Class E (forestry building and operations).