I would have to disagree with all of you (James, Martin, Howard). ha ha ha

 

8) The local planning authority shall, when determining an application—

(a) take into account any representations made to them as a result of any consultation

under paragraphs (3) or (4) and any notice given under paragraph (6);

(b) have regard to the National Planning Policy Framework issued by the Department

for Communities and Local Government in March 2012 as if the application were

a planning application; and

(c) in relation to the contamination risks on the site—

(i) determine whether, as a result of the proposed change of use, taking into

account any proposed mitigation, the site will be contaminated land as

described in Part 2A of the Environmental Protection Act 1990(a), and in

doing so have regard to the Contaminated Land Statutory Guidance issued by

Secretary of State for the Environment, Food and Rural Affairs in April 2012,

and

(ii) if they determine that the site will be contaminated land, refuse to give prior

approval.

 

If we could have regard to the NPPF for contamination 8(b) then why bother including 8(c)? 8(c) is a limiting statement. It singles out contamination and tells us what the grounds for prior approval are (contaminated land under Part 2A). I think a legal opinion would be useful.

 

 

Regards

 

Christopher Taylor

Enforcement Officer

Regulatory Services

Brent Council

 

Tel: 020 8937 5159

Fax: 020 8937 5150

www.brent.gov.uk

 

 

 

 

The permitted development document also says:

 

N.8. The local planning authority shall, when determining an application—

 

b) have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012 as if the application were a planning application; and….

 

Which would to me indicate the safe/suitable for use phrasing in NPPF then comes back into the frame and there’s effectively no difference in standards.

 

On planning PD rights you selected the bit  below this more important bit

 

N 8 The local planning authority shall, when determining an application— ...

(for transport and highways, noise, contamination risks, flooding),

 

N 8 (b)             Have regard to the National Planning Policy Framework issued by the Department for Communities and Local Government in March 2012 as if the application were a planning application; and...

 

 

 

So another reasonable interpretation is that the writer was

applying whatever is in the NPPF then in your quote reiterating the part IIA stuff (as its statutory),

requiring a LA decision on the specific Part IIA point for these PD applications and

requiring refusal  if part IIA applied

 

NPPF s121 etc. Remains the key document to be clarified/updated in the light of C4’s and most of our thread becomes obsolete.

 

 

 

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