®Planning appeal decision
Parker Hannifin Plc, Parker House Maylands Avenue, Hemel Hempstead Industrial Estate, HEMEL HEMPSTEAD, HP2 4SJ
conversion of office building for residential use
- Authority
- Dacorum Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Householder developments
- Inspector
- Walker A
Main issues, as the Inspector framed them
- The main issue is whether the deemed refusal by the Council was well-founded, based on a position that it had refused the application for prior approval 4/01588/19/OPA by a decision notice dated 23 August 2019 (disputed by the appellant) with the consequence that none of the events specified in paragraph W(11) of Schedule 2, Part 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO) have occurred.
What decided it
The Council's 23 August 2019 document was a valid and effective refusal of the prior approval application which remained legally effective as it was never challenged or quashed by the appellant.
Judgments cited: Dunnett Investments Ltd v Secretary of State [2017] EWCA 192; R (Thornton Hall Hotel Ltd) v Wirral MBC [2018] EWHC 560 (Admin); R (oao Smolas) v Herefordshire Council [2021] EWHC 1663 (Admin); New World Payphones v Westminster City Council [2019] EWCA Civ.2250
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.