Outline Permission - maximum number of units - Public forum - Planning Advisory Service (PAS)
Outline Permission - maximum number of units
I'm seeing an increasing number of applications where the local authority have approved permission for up to X number of units, only for them to consider that X number of units are not archievable at the reserved matters stage.
Has anyone else experience or dealing with this issue or aware of any relevant caselaw?
Does the local authority give itself sufficient flexibility in stating that the X number of units is a maximum, or that permission is for 'up to' so many units? Or, is the local authority, by granting permission for X number of units, without being confident that number is achievable in an acceptable fashion, restricting what they are able to negotiate at the reserved matters stage?
Thoughts welcome.
I am currently faced with a similar application, and all the matters are reserved except access, which is acceptable, however the principle of the use is not acceptable. Any views?
The Town and Country Planning (Development Management Procedure) (England) Order 2010 states;
(3) Where layout is a reserved matter, the application for outline planning permission shall state the approximate location of buildings, routes and open spaces included in the development proposed.
The outline assessment will be dependent upon the submission but the upto number of units is normally based on the details provided - there are details within an application such as a D&A or planning statement that will identify the numbers especially with housing schemes.
When a reserved matter application is submitted for layout, it will then be assessed in detail.
It is easiest to think of it as an example; the outline could include 2 bed terrace housing and flats and then if the reserved matter layout is for 4/5 bed plus large semis and detached houses with large gardens you wouldn't be able to accommodate the same number.
Hope this helps
Steve Speed - The Planning Jungle website, modified 10 Years ago.
Outline Permission - maximum number of units
Enthusiast Posts: 70 Join Date: 12/08/13 Recent PostsHi all,
Although I don't deal with applications for outline planning permission, please note that the above article 4(3) of the DMPO 2010 was deleted by Statutory Instrument 2012 No. 3109 (link).
Unfortunately, although the main point of the DMPO 2010 was to provide a consolidated version of the GDPO 1995, it has subsequently been amended by (at least) 10 separate Statutory Instruments. This means that the "as amended" version of the DMPO 2010 that actually applies in law today is now very different to the original version that's on the government website.
Thanks,
Steve
Sorry for any confusion, my post should have said stated not states (as it was amended as Steve correctly pointed out) but I was working on the basis that the original outline applications were determined earlier as were now subject to the reserved matters submissions.
If they were post Jan 2013 then technically layout isn't a requirement but most applications will still be accompanied by an indicative layout to demonstrate that proposed numbers are achievable.
if an outline application does not reserve layout and or indicates the number of dwellings than any reserved matters application should reflect those details. If for example theroultine is for 4 bungalows then you cannopt apply for 4 houses as a reseved matter, this would require a new application.
An application for reserved matters is not an application for planning permission but to discharge the conditions of the outline consent.