MEQ- 1-21 Isabella Close & 29-39 Old Farm Avenue N14 5QQ (Councillor Call in Request) [SEC=OFFICIAL]

Classification: OFFICIAL

Councilor Stephanos Ioannou,

Thank you for your email.

To provide some wider context I hope the following will clarify matters.

Certain types of work are ‘permitted development’ and are granted permission by national legislation without the need to submit a planning application.

In some cases, proposals must still submit a ‘prior approval’ application, seeking approval from the local planning authority that specified elements of the development are acceptable before work can proceed.

In this instance, for upwards extensions to provide new dwellings to certain types of commercial, residential and mixed use buildings outside a conservation area, prior approval is required subject to criteria set out in Schedule 2, Part 20, of the General Development Permitted Order 2015 (GPDO).

The conditions pertaining to this development right, namely upwards extensions to provide new dwellings – Class AA, are summarised as follows:

  • Transport and highways impacts;
  • The external appearance of the building, including design and architectural features of principal elevations and side elevations fronting highways;
  • The provision of adequate natural light in all habitable rooms;
  • Impact on the amenity of the existing building and neighbouring premises including overlooking, privacy and the loss of light;

As government guidance states: ‘A local planning authority cannot consider any other matters when determining a prior approval application’, therefore matters related to dwelling mix, affordable housing provision, impacts on trees, site security and for example, that could be assessed as part of a planning application, would not form part of this prior approval’s legislative requirements.

To provide clarity:

  • Applications for planning permission – not prior approval – must be taken in accordance with the statutory development plan such as Enfield Development Management Plan and material considerations.
  • Applications for prior approval however are very different. A prior approval application is effectively an application to discharge conditions pertaining to that permitted development right.

A prior approval application of this type would normally be determined under delegated authority, however should you wish to maintain your request to be reported to Planning Committee, we would proceed on this basis.

I hope my comments are of assistance and clarify the position.


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