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Inconsistent site area for approval of landscape details

Former Member, modifié il y a 12 années.

Inconsistent site area for approval of landscape details

I have an application for the approval of details (landscaping) following the grant of planning permission for the conversion of a dwelling into three flats. (This was the only pre-commencement condition.) The agent has confirmed to me that the site upon which the planning permission was granted was not properly surveyed and was based only on a 1:1250 OS plan. In subsequently drawing up the detailed landscape plans for the discharge of the pre-commencement condition a proper survey was finally undertaken and lo and behold the site was found to be smaller than the site put forward for the original planning permission. I've already received an opinion from one colleague along the lines of , 'We've already approved the development in principle and can't therefore take issue with the site area discrepancy.' but this sits very uncomfortably with me, particularly as the layout and design of the scheme is, in my view, significantly different from the original site layout plan (which included details of boundary treatments (for three individual private garden areas), bin storage, cycle storage and soft and hard landscape details). The details within the smaller site area now proposed, are in my view unsatisfactory in terms of, (1) amenity, (2) the now impracticably small and irregular configuration of the smallest of the three private gardens and more generally accessibility a la the Lifetime Homes Standards. In short, am I right in taking the view that the original consent can not be implemented as it goes beyond the actual site area and does that mean that the approval of details application is invalid. I would be very grateful for any thoughts on this as DCP Online has not shed any light on it so far.
Former Member, modifié il y a 12 années.

Re: Inconsistent site area for approval of landscape details

This needs a bit of clarification. First of all, was the location plan to the correct scale? - if not, that may make the decision quashable. I suspect, though, that the error arose because the red line followed a black line on the OS plan that doesn't correspond to an actual feature. I think this is probably more common a mistake than is appreciated, and is a real risk if a survey has not been carried out (part of my standing advice to a client is to get a survey as a first step), or if an older OS plan is relied on. If the error means the application included land not in the applicant's control then presumably the wrong Certificate was submitted with the application. Technical reasons for quashing the decision aside, I think you've begun to answer your own question. The key test, for me, is whether any of the conditions become unimplementable within the reduced site area. And, if the applicant is now proposing amendments to overcome the issue, don't they need to apply for a material amendment, at which point you can then refuse the changes for the reasons you've outlined?