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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

a Section 73 conundrum

Former Member, modified 11 Years ago.

a Section 73 conundrum

There was a planning permission for peat extraction, 001, granted in March 87 for a block of land in single ownership which comprised 5 parcels of land (OS plots). Subsequently 4 of the 5 parcels were sold on. In 1997 the original owner wanted to change a condition for his remaining land so in October 97 he submitted a S73 application on 001 in respect of his single parcel of land only. Certificate A accompanied the S73 giving the applicant as sole owner. There is no indication that he notified the new owners of the remainder of the original permission. A new decision notice, 003, was issued in Feb 98. That owner then wanted a further condition on his single parcel of land so submitted a further S73 on 003 (March 99) in respect of which decision notice 006 was issued in Sept 99. In 1998 the new owners of the 4, sold on, parcels of land wanted change a condition for their land so in July 98 they submitted a S73 application on 001 in respect of their land only. Certificate A accompanied the S73 giving the applicants as joint owners. There is no indication that they notified the original owner who retained ownership of the fifth plot. A new decision notice, 004, was issued in Dec 98. Is 004 a valid permission as at the time of its submission 001 had already been superseded by 003? To further complicate matters, this is peat extraction and we are approaching the time when these permission(s) need their periodic review. We could either review 004 and 006 separately (presuming 004 is a valid permission) or we could revert to the area covered by the original permission and review them both together as one mining site. Any thoughts please?