Good spot ! - interesting...this is why I try to avoid looking up the actual applications as otherwise I get distracted from my own work !. On the face of it the editor is entirely correct and this site is subject to the Article 4 Direction which came into force on 11th January 2018.  Usually, once an Article 4 Direction comes into force, that Direction 'trumps' any existing, unimplemented approval. However, I'm aware of a recent High Court decision relating to an identical situation involving the same Article 4 Direction, a summary of which I'm shamelessly cut and pasted below : "The Claimant argued that the reference to “building or land” in the Direction meant that its effect did not apply to sites with extant prior approval.  The Council argued that the wording of the Direction only sought to protect specific development (rather than sites) that already benefitted from grants of prior approval.  This was the Council’s clear intention when making the Article 4 Direction. The Court ultimately decided on a literal interpretation of the Article 4 Direction made by the Council and found in favour of the Claimant. The Direction did not apply to "any building or land in relation to which prior approval has been granted or under the terms of those paragraphs is treated as granted before the date this Direction is confirmed." Without considering the intention of the Council, this meant that the Direction did not apply to the property in question, and the refusal notices should be quashed." So, effectively what the High Court ruled was that this Article 4 Direction couldn't apply to buildings that already benefited from an extant prior approval.  Very unusual scenario and not one I've encountered before, when I find the time I'm going to have a closer look at this.

Entire Thread

Topic	Date Posted	Posted By
Cynical planning applications	07/01/19 18:58:00	Gary Padbury
Re:Cynical planning applications	07/01/19 19:06:00	Guy Lambert
Re:Re:Cynical planning applications	08/01/19 10:08:00	Vanessa Smith
Re:Re:Re:Cynical planning applications	08/01/19 10:36:00	Adam Beamish
Re:Re:Re:Re:Cynical planning applications	08/01/19 11:41:00	Vanessa Smith
Re:Re:Re:Re:Re:Cynical planning applications	08/01/19 12:24:00	Adam Beamish
Re:Re:Re:Re:Re:Re:Cynical planning applications	08/01/19 13:41:00	Vanessa Smith
Reply	09/01/19 12:21:00	BrentfordTW8 Editor
Re:Reply	09/01/19 14:25:00	Adam Beamish
Re:Hounslow Barracks	09/01/19 16:20:00	Vanessa Smith
Re:Re:Reply	09/01/19 16:45:00	Gary Padbury
Re:Re:Re:Reply	09/01/19 17:23:00	Adam Beamish

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