Class MA Prior Approval: The Statutory 56-Day Deemed Approval Rule Explained

Under Paragraph W(11) of Schedule 2, Part 3 of the General Permitted Development Order 2015, the local planning authority has a strict statutory deadline of 56 calendar days (beginning on the day after the valid application was received) to determine a Class MA prior approval application. If the council fails to notify the applicant of its decision (grant, refuse, or formal written agreement to an extension of time) within that 56-day window, prior approval is legally deemed to be granted by operation of law, allowing the developer to proceed with the conversion.

Class MA Prior Approval: The Statutory 56-Day Deemed Approval Rule Explained

Under Paragraph W(11) of Schedule 2, Part 3 of the General Permitted Development Order 2015, the local planning authority has a strict statutory deadline of 56 calendar days (beginning on the day after the valid application was received) to determine a Class MA prior approval application. If the council fails to notify the applicant of its decision (grant, refuse, or formal written agreement to an extension of time) within that 56-day window, prior approval is legally deemed to be granted by operation of law, allowing the developer to proceed with the conversion.

Class MA 56-Day Rule: Statutory Deemed Approval Explained [UK Guide]

The Mechanics of Paragraph W(11) Deemed Consent

The 56-day deemed approval rule is one of the strongest statutory rights available to developers under English planning law.

Unlike standard planning applications where council delay simply entitles the applicant to lodge a non-determination appeal to the Planning Inspectorate, under Paragraph W(11) of the GPDO:

'The development must not begin before the occurrence of one of the following events: (a) the receipt by the applicant from the local planning authority of a written notice of determination... or (c) 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.'

Crucially, in Warren Farm (Whitehall) Ltd v Secretary of State [2019], the High Court confirmed that a decision issued on Day 57 or later is legally void; deemed consent had already crystallised.

Step-by-Step Procedure:

Verify the exact date of receipt on the council's formal validation acknowledgment letter.

Check that all statutory fees (£120 per dwelling created) were paid and cleared.

Ensure no written extension of time was agreed with the planning case officer.

Commission a Lawful Development Certificate (Section 192) to certify deemed consent for lenders.

Class MA Prior Approval: The Statutory 56-Day Deemed Approval Rule Explained

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The Mechanics of Paragraph W(11) Deemed Consent

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