Planning applicant in Thatcham wins appeal after West Berkshire Council misses refusal deadline

A planning applicant has won an appeal for prior approval to convert a Nissen hut from agricultural to residential use.

This comes after the council issued its refusal after the determination date deadline.

The original application – for prior approval for a change of use - was made and refused last year.

The site comprises a corrugated metal hut accessed via private road off Crookham Common Road.

The council’s determination date deadline was May 16 last year but it didn’t issue the refusal until June 6.

The planning inspector said there is no dispute that the council did not notify the appellant of its decision within the statutory 56-day-period.

Both the parties also made no agreement in writing that this 56-day-period would be extended.

The inspector said: “It therefore follows, that prior approval is deemed to be granted, and that must be my decision on this appeal.”

The inspector said: “There is no dispute that the council did not notify the appellant of their decision on the prior approval application within the 56-day period.

“Furthermore, the parties made no agreement in writing that the 56-day period could be extended.

“It therefore follows, that prior approval is deemed to be granted, and that must be my decision on this appeal.”