Paragraph 3 of Circular 7/99 states that an application need only be referred to the Secreatry of State 'where a departure application which a local planning authority do not propose to refuse is for development which consists of or includes the provision of more than 150 houses or flats'. Forgetting about the other criteria for referring an application, could an applicant submit an application for 149 dwellings, which is approved, and then subsequently substitute some houses for a block of flats to increase the total over 150 and therefore avoid the need to refer the application? Thanks in advance for any help.
