Permission or not? - Public forum - Planning Advisory Service (PAS)
Permission or not?
Hi All,
An unusual question and one that has divided opinion here. Essentially, it relates to whether part of an approved scheme actually benefits from permission or not, for the reason that no elevations of it were submitted, although it does feature on the approved site plan.
The 'part' in question is a shipping container in the car park of a public house. No specific reference to it was made in the description of development (which was an extension to the pub plus associated facilities) and indeed no elevations of it were submitted. An outline of it (annotated with 'steel container) does however feature on the approved site plan.
The container is now in situ and has generated some complaints. The applicant argues that as a rectangular outline exists on the approved site plan with the words steel container, it benefits from permission, a view shared by some colleagues.
An alternative view is that given the lack of elevations, no approval exists for this structure because no details of its height were supplied.
I have been unable to locate any case law on this but can't believe such issues have never arisen previously. I would therefore be grateful for any thoughts you might have and/or any case law/appeals you could point me in the direction of.
Many thanks
Paul
David Wigfield, modified 10 Years ago.
Permission or not?
New Member Posts: 8 Join Date: 19/10/11 Recent PostsHi Paul,
This sort of situation is usually arguable either way, depending on the detailed facts, but in this case it seems to me that if the container did not form part of the application description, was not referred to in the Design and Access Statement, and was not the subject of any detailed plans or elevations - then you can reasonably argue that it did form part of the planning application or subsequent approval. The fact that it features on the site plan is probably not enough, in itself, to claim that it has consent. That said, it would probably muddy the waters in any later enforcement appeal.
Hi David,
Thanks for your reply, It confirms the opinions here in as much as you could argue either way. Can you think of any appeals or case law which might assist us in adding weight to whichever stance we decide to take?
Many thanks
Paul
David Wigfield, modified 10 Years ago.
Permission or not?
New Member Posts: 8 Join Date: 19/10/11 Recent PostsSorry - as you've probably realised, the word 'not' was missed out of my original reply - should have read ' ... did not form part of the planning application ... etc'.
I imagine there probably is some case law on this point - but I'm afraid I don't know it off-hand.
Nigel Hancock, modified 9 Years ago.
Permission or not?
New Member Posts: 14 Join Date: 19/10/11 Recent PostsI think you will also have to consider if it is a building operation or use of the land. I.E. is the land in question being used to site the container, or is the siting of the container a building operation in terms of its degree of permanance etc.
If it was the use of the land, then you wouldn't need the elevations, but the description should have been clear that a change of use of land was being applied for in addtion to the other operational development. If it's a building operation, it's up to the LPA to consider if it is necessary to submit elevations as its not a national requirement for validation purposes.