Can LPA's issue split decisions on Planning Applications?

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - May

Jon Allinson, Addaswyd 12 Years yn ôl.

Can LPA's issue split decisions on Planning Applications?

Enthusiast Postiadau: 32 Dyddiad Ymuno: 19/10/2011 Bostiadau diweddar

I have a query as to whether in law it is possible for an LPA to issue a split decision on a new housing development. Background - Application for residential development on land which stradles a highway. Members are happy with development on north side of highway but unhappy with development on south side. They wish to approve the north side development but refuse south side. I was under the impression that it was all or nothing (either refuse all or approve all). However, members now believe following discussions with the Councils legal advisor, that they can add a condtion to the approval decsion notice indicating that consent is not granted for the south side development, as the 2 sides are effectively different planning units. (Refusal by condition) . Is this a correct procedure? Has any body come across this approach? I am aware that Inspectors have the powers to split decisions but do LPA's?

Former Member, Addaswyd 12 Years yn ôl.

Re: Can LPA's issue split decisions on Planning Applications?

Jon. I've know an Inspector to split a decision but not by imposing a condition ... merely by only granting permission for part of the previously refused development. Split decisions are OK for adverts but what you are talking about is not technically a 'split decision' ... as you say it's a partial refusal by condition. Whilst a condition stating "Notwithstanding the submitted plans planning permission is not hereby granted for ......" is OK for a minor aspect of the proposal like for example a door or a window (we used to have a special 'deleted' stamp for such purposes) I would have thought that it was fundamentally unreasonable in respect of a major part of the development proposed. I'll be interested to see what others thing! Mike

Jon Allinson, Addaswyd 12 Years yn ôl.

Re: Can LPA's issue split decisions on Planning Applications?

Enthusiast Postiadau: 32 Dyddiad Ymuno: 19/10/2011 Bostiadau diweddar

Thanks Michael, I agree with your views, but would be intested to hear others.

Former Member, Addaswyd 12 Years yn ôl.

Re: Can LPA's issue split decisions on Planning Applications?

Absolutely a variation of what is allowed by the Wheatcroft principle, referred to be Michael Hyde(see below) According to Victor Moore's textbook 'The legality of the practice of giving a split decision has yet to be tested in the courts, but it is thought that the principle to be applied is the same as in the Wheatcroft case' (the wheatcroft powers on conditions removing parts of a scheme Planning Inspectorate Good Practice Advice Note 09 http://www.planningportal.gov.uk/uploads/pins/gpa_09.pdf)