Section 73 Decision Notices - Public forum - Planning Advisory Service (PAS)
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Section 73 Decision Notices
Alan Coleman, modified 11 Years ago.
Section 73 Decision Notices
New Member Posts: 8 Join Date: 11/08/13 Recent Posts
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An outline planning permission for Class B1, B2 and B8 business park development was granted subject to a number of conditions in 2006. Reserved matters have been submitted and approved for the whole site, but the time limits for submitting further RM applications has now passed. Development on the site has commenced but not completed. A s.73 application to remove a condition attached to the outline planning permission relating to the provision of a toucan crossing has now been submitted. If permission is granted, will it be necessary to repeat the time limit conditions that RM should be submitted within three years of the original date of the outline planning permission? If this was a full planning application and development had commenced I do not consider it would be necessary. However, I feel a bit uncomfortable granting outline planning permission without including a condition stating that RM approval is needed and an application submitted by a certain time, even if the deadline for submitting RM details has passed. Any thoughts would be welcomed.
S73(5) says:- Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which— (a) a development must be started; (b) an application for approval of reserved matters (within the meaning of section 92) must be made My reading of this is that you cannot extend the time limit for submission of reserved matters via S73. Off the top of my head it might instead be possible to submit an extension of time application and then vary the condition on that...?
Oops I missed that development had commenced, so the extension of time app won't work. To ensure that the development is carried out as approved at outline and reserved matters stages you might treat the S73 application as if it referred back to a full planning permission, since that is essentially what now exists if the outline pp has been supplemented by the necessary reserved matters approvals. So, you are able to change other conditions as necessary in issuing the S73, and presumably the outline pp includes this condition: "Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved." Perhaps in the S73 permission you could vary that to say, "The development shall only be carried out in accordance with the details as approved in reserved matters approvals xxxxx, xxxxx and xxxx." Alternatively you might list the plans and documents approved at reserved matters stage in your "list of approved plans" condition.