Using reserved matters app to amend matters approved in outline pp

Planning Advisory Service (PAS)

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

Former Member, Addaswyd 10 Years yn ôl.

Using reserved matters app to amend matters approved in outline pp

Outline planning permission was granted for a housing development with all matters reserved apart from access, i.e. access was approved at outline stage.

The reserved matters application has been submitted with 'access' ticked as a reserved matter being applied for and the access itself has been moved 20m down the road from where it was on the plans approved at outline.

Has anyone come across this before? On the face of it I would think a new outline pp would be required, but I'm hoping for the applicant's sake there's a better way.

outline reserved matters

Former Member, Addaswyd 10 Years yn ôl.

Using reserved matters app to amend matters approved in outline pp

A new application would be required A reserved matters application is not an application for planning permission it is to comply with the conditions of the outline. Clearly moving the approved access road even if this can all be achieved in the red line is new development requiring a new application

Former Member, Addaswyd 10 Years yn ôl.

Using reserved matters app to amend matters approved in outline pp

Although its a while since I deliberated over a reserved matters application - but I am sure that fact and degree still come into the considerations of whether the amended location is material or not.

Its also not clear whether access was a reserved matter when the original outline application was made. If it was, then I would have thought there was more of an argument to say that the access road on the outline was illustrative only.

Are there some more up to date expert views out there?

Former Member, Addaswyd 10 Years yn ôl.

Using reserved matters app to amend matters approved in outline pp

Hi Phillipa, access was not a reserved matter. I'm convinced a new application is the only lawful way forward, so the best plan seems to be for the reserved matters app to be withdrawn, a new outline app made as a free go, then another reserved matters app. Thanks for the advice, both.