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The Town and Country Planning (General Permitted Development) (England) Order 2015

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Changes over time for: Paragraph BC.3

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[F1Procedure for applications for prior approval under Class BCE+W
This section has no associated Explanatory Memorandum

BC.3(1) The following provisions apply where under Class BC a developer is required to apply to the local planning authority for prior approval.

(2) The application must be accompanied by—

(a)a site-specific flood risk assessment, including provision for warning and evacuation; and

(b)any fee required to be paid.

(3) On receipt of the application, the local planning authority must notify and consult the Environment Agency specifying the date by which they must respond (being not less than 21 days from the date the notice is given).

(4) The local planning authority must, when determining the application—

(a)take into account the response by the Environment Agency; and

(b)have regard to the National Planning Policy Framework issued by the Department for Levelling Up, Housing and Communities in July 2021 so far as relevant to the subject matter of the prior approval, as if the application were a planning application.

(5) The development must not begin before either—

(a)the receipt by the developer from the local planning authority of a written notice giving their prior approval; or

(b)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.

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

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