Duplicate Permissions - Public forum - Planning Advisory Service (PAS)
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En cours - juillet 2012
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Dernière modification - May
Duplicate Permissions
Wonder if anyone can shed any light on this. An applicant has a permission for the erection of a new dwelling within his curtilage, with its own detached garage. The permission also includes the provision of a detached garage for the existing dwelling. The applicant wishes to develop the detached garage for the existing dwelling, but doesn't wish to discharge the condtions on the permission and implement the permission. As such the applicant is seeking to submit a new application which seeks consent only for the garage and implement that. The garage will be identical to that originally approved. The question is essentially, if the applicant is granted permission for the garage individually and then implements it, has he also implemented the original permission?
If the house permission remains with undischarged conditions which go to the heart of the permission , I would say not. You need to look at the Whitley Principles, as revised and amended, by which time you will see that the answer is anything but straightforward - it continues to exercise the minds of the courts on a regular basis.
I agree with Dean. But once work has started on the garage you could ask the developer to confirm in writing which permission he is implementing. Preumably he will simply be happy to confirm that it is the garage-only permission, but if he says it's the dwelling+garage permission you can consider a BCN.
I concur. In an instance where two permission exist, it is up to the developer to choose which to implement. His decision would most likely only come to light if an enforcement officer was sent out to investigate.