High Court grants permission in planning JR raising issues about a permitted development and prior approval

The High Court (Lang J) has recently granted permission to bring a judicial review of the grant of prior approval by Braintree District Council for development purporting to fall within Class A of Sch. 2, Pt. 6 of the GPDO (agricultural and forestry). The claim raises issues regarding the extent to which a local planning authority is now obliged (following Westminster City Council v SSHCLG [2019] EWCA Civ 2250) to consider whether development falls within the definitional scope of the particular class of permitted development relied upon before it can determine the question of prior approval. Ben Fullbrook acts for the Claimant.