Class Q prior approval: the seven matters and the 56 day clock

The seven matters

Where the scheme is a change of use together with building operations, paragraph Q.2(1) requires the developer to apply for a determination as to whether prior approval will be required for: transport and highways impacts, noise impacts, contamination risks, flooding risks, whether the location or siting makes it otherwise impractical or undesirable to change from agricultural use to a dwellinghouse, the design or external appearance of the building, and the provision of adequate natural light in all habitable rooms. Where the scheme is a change of use only, design and external appearance drops out. Where it includes the rear extension, the impact on the amenity of adjoining premises is added.

What you have to submit

• A written description of the proposed development which, for Class Q, must include any building or other operations in the same application.
• A plan indicating the site and showing the proposed development.
• A statement specifying the net increase in dwellinghouses proposed.
• A statement specifying the number of dwellinghouses proposed, and whether previous Class Q development has taken place within the established agricultural unit, with the number of homes and cumulative floor space.
• A floor plan showing the total floor space in square metres of each dwellinghouse, the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the elevations.
• Your contact address, and email address if you are content to be contacted electronically.
• A site specific flood risk assessment where the Environment Agency has to be consulted, and the fee.

How the council handles it

1. It may refuse outright if the proposal does not comply with the conditions or limitations, or if you have given insufficient information to show that it does.
2. It consults the relevant highway authority where a material increase or change in traffic is likely, and the Environment Agency for Flood Zone 2 or 3 sites, giving consultees at least 21 days.
3. It publicises the application, by a site notice displayed for at least 21 days or by notice served on adjoining owners and occupiers.
4. It takes account of representations, has regard to the National Planning Policy Framework so far as relevant to the matters for approval, and must refuse if the site will be contaminated land or if adequate natural light is not provided in all habitable rooms.
5. You may begin once you receive notice that prior approval is not required, or notice giving prior approval, or 56 days pass from receipt of the application without a decision.

The 56 day rule is not a loophole

Deemed consent at 56 days applies only where a valid application was received and the authority has not notified you either way. If the authority refused within the period, or if the application was invalid, there is no deemed consent, and starting work on that basis is unlawful development. Where prior approval is given, the development must be carried out in accordance with the approved details; where it was not required, in accordance with the details in your application.

Development must be completed within 3 years of the prior approval date. Refused? A refusal is treated as a refusal of an application for approval, so the section 78 appeal route to the Planning Inspectorate is open.