Paragraph TA.4 Procedure for applications for prior approval under Class TAF1

(1)

The following provisions apply where a developer is required under paragraph TA.2(3) or (5)(b) to make an application for a determination as to whether the prior approval of the authority will be required.

(2)

The application must be accompanied by—

(a)

a written description of the proposed development including a statement of any proposed increase in the total footprint of buildings on the closed defence site,

(b)

where the proposed development relates to the erection or extension of—

(i)

single living accommodation, a statement showing the total floor space of single living accommodation—

(aa)

on the closed defence site immediately before 11th January 2022,

(bb)

already added to the closed defence site via development under Class TA(a), and

(cc)

to be added to the closed defence site via the proposed development;

(ii)

a non-residential building, a statement showing the total floor space of non-residential buildings—

(aa)

on the closed defence site immediately before 11th January 2022,

(bb)

already added to the closed defence site via development under Class TA(b), and

(cc)

to be added to the closed defence site via the proposed development;

(c)

a plan indicating the closed defence site and showing the proposed development,

(d)

drawings prepared to an identified scale and showing—

(i)

in the case of a building to be erected, the proposed external dimensions and elevations of that building;

(ii)

in the case of a building to be extended or altered, the external dimensions and elevations of that building both before and after the proposed extension or alteration,

(e)

the developer’s contact address and, if they are content to receive communications electronically, the developer’s email address, and

(f)

any fee required to be paid.

(3)

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, following a requirement imposed under paragraph TA.4(6), provided insufficient information to enable the authority to establish whether the proposed development complies with,

any conditions, limitations or restrictions specified in Class TA applicable to the development in question.

(4)

Sub-paragraphs (5) and (7) do not apply where a local planning authority refuses an application under sub-paragraph (3) and for the purposes of section 78 (appeals) of the Act such a refusal is to be treated as a refusal of an application for approval.

(5)

The local planning authority must give notice of the proposed development—

(a)

by site display in at least one place on or near the land to which the application relates for not less than 21 days of a notice which—

(i)

describes the proposed development,

(ii)

provides the address of the proposed development, and

(iii)

specifies the date by which representations are to be received by the local planning authority (not being less than 21 days from the date the notice is displayed), or

(b)

by serving a notice in that form on any owner or occupier of any premises which adjoin the closed defence site.

(6)

The local planning authority may require the developer to submit such information as the authority may reasonably require to determine the application.

(7)

The local planning authority must, when determining an application—

(a)

take into account any representations made to them as a result of any notice given under sub-paragraph (5), and

(b)

have regard to the National Planning Policy Framework F2..., so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(8)

The development must not begin before the occurrence of one of the following—

(a)

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

(b)

the receipt by the applicant from the local planning authority of a written notice giving their prior approval;

(c)

the expiry of 56 days following the date on which the application was received by the local planning authority without the authority notifying the applicant as to whether prior approval is given or refused.

(9)

The development must be carried out—

(a)

where prior approval is required, in accordance with the details approved by the local planning authority;

(b)

where prior approval is not required, or where sub-paragraph (8)(c) applies, in accordance with the details provided in the application referred to in sub-paragraph (2),

unless the local planning authority and the developer agree otherwise in writing.

(10)

The local planning authority may grant prior approval unconditionally or subject to conditions reasonably related to the subject matter of the approval.

(11)

When computing the number of days in sub-paragraph (5)(a), any day which is a public holiday must be disregarded.

Annotations

Textual amendments

F1: Sch. 2 Pt. 19 Class TA inserted (11.1.2022) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 3) Order 2021 (S.I. 2021/1464), arts. 1(2)(c), 8
F2: Words in Sch. 2 Pt. 19 Class TA para. TA.4(7)(b) omitted (9.4.2026) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2026 (S.I. 2026/313), arts. 1(2), 8(a)(vii)