The importance of evidence

A Planning Inspector's decision from the start of November re-enforced the importance of an Applicant's submissions to the Local Planning Authority.

In the case, the proposed development was intended to utilise permitted development Class MA to convert a ground and first floor commercial premises into a residential unit. Class MA requires the property to have been in commercial use for at least 2 years prior to the application.

Hackney Council refused prior approval on the basis that: 'The applicant has failed to demonstrate that the building was in a qualifying use (Class E or other specified use) for a continuous period of at least two years immediately preceding the date of the application.'

Despite the Inspector being ‘referred’ to evidence such as street view history and non-domestic rates, as these were not produced by the Appellant, the Inspector was not able to consider these.

As a result, the Inspector found that there was not sufficient evidence to support that the requirements of Class MA had been met and the appeal was dismissed.

Whilst it may seem unfair, the planning consents system, still overstretched and underfunded, cannot be responsible for investigating the circumstances behind each application in its current state. Before 2023, Applicants were able to submit a second application at no fee. There was then an impetus for councils to engage with applicants in finding information to assist with their decision. With that relief removed however, and councils under increasing pressure to make decisions within the statutory deadlines, it makes sense for decision makers to take a more direct approach. 

One helpful element of the system that applicants may consider is pre-application engagement. Indeed the 2026 NPPF says that major developments, telecoms infrastructure and complex cases should engage with interested parties and the council prior to submission to identify issues in order to resolve these as smoothly as possible. While the position for smaller and homeowner applications is more nuanced, early engagement with the planning authority can help to identify what information will be needed and ensure that submissions are valid. 

Overall, this decision really highlights the value in applicants being properly advised in order to be able to efficiently navigate what is a complicated and nuanced system.