| 1. | Paragraph W Section 3 of Class C, Part 3, Schedule 2 of the GPDO 2015 (as amended) states that, The local planning authority may refuse an application where, in the opinion of the authority
(a) the proposed development does not comply with, or
(b) the developer has provided insufficient information to enable the authority to establish
whether the proposed development complies with,
any conditions, limitations or restrictions specified in this Part as being applicable to the
development in question.
In this instance the change of use for which prior approval is sought has already taken place. The application therefore fails to comply with condition C.2 (2) of Class C which requires that for a change of use from A1 to A3 the prior approval of the authority will be required as to the items referred to in sub-paragraphs (1)(a) to (f) of condition C.2 (1) and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.
Therefore, prior approval is refused. |
