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District Varying Conditions on a County Application

Former Member, modified 12 Years ago.

District Varying Conditions on a County Application

In 2001 the County Council granted consent for a caravan site/lodge development as a restoration project following mineral extraction. The decision granted by the County includes a condition restricting the site opening period to 9 months of the year, as was customary at the time. The site owner now wishes to apply to amend this condition to allow 12 months opening period. They have approached the County who have advised that they believe this is a District matter and the District should determine the application. The District agree that planning control for the development once complete lies with them. However the District are not convinced that they have the powers to vary conditions on an application granted by the County, although I cannot find any legislation or case law to confirm this view. Any thoughts?
Graham Ritchie, modified 12 Years ago.

Re: District Varying Conditions on a County Application

Enthusiast Posts: 26 Join Date: 20/10/11 Recent Posts
Cris, I am aware of case law (Wokingham DC v Berkshire CC - see http://www.bailii.org/ew/cases/EWCA/Civ/1996/513.html) which concluded that where an application included both county and non-county planning matters (in this case ten units of B1 offices and a waste transfer station), the county planning authority had the responsibility for determining the whole application. This might be relevant to the application to which you refer.