Planning appeal decision
Parker Hannifin Plc, Parker House Maylands Avenue, Hemel Hempstead Industrial Estate, Hemel Hempstead, HP2 4SJ
Planning appeal 3261710 at Parker Hannifin Plc, Parker House Maylands Avenue, Hemel Hempstead Industrial Estate, Hemel Hempstead, HP2 4SJ (Dacorum Borough Council) was dismissed on 5 August 2021 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: 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.
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
- Postcode
- HP2 4SJ
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.
What the Inspector cited
- Judgments
- 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
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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