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

Varying a plans condition on outline permission to increase red edge?

Former Member, modified 9 Years ago.

Varying a plans condition on outline permission to increase red edge?

Yay or nay - applicants can apply to vary a plans condition on an outline approval that increases the site area and therefore the size of development.

If nay - where say it in legal speak?

Thanks,

Michelle

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Chris Nash, modified 9 Years ago.

Varying a plans condition on outline permission to increase red edge?

Enthusiast Posts: 38 Join Date: 11/08/13 Recent Posts

Conditions are varied under Section 73. Section 73(1) states "This section applies... to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted". There is therefore a relationship between the land concerned and the conditions imposed. Beyond the land to which the host permission relates, the conditions cannot apply. I therefore cannot see how you could apply to vary a condition which has no legal effect on the additional piece of land concerned (i.e. it does not "exist" in respect of that land).

Former Member, modified 9 Years ago.

Varying a plans condition on outline permission to increase red edge?

I concur. The planning unit is defined by the red line and as such an application outside the red line, or extends beyond it cannot surely be the same planning unit.

If the red line were to be changes by an insignificant amount, i would consider allowing a free go on the fees. Though if the fee was based on Ha and that increased, i think it would be stretching a point to breaking to allow that as a free go...

Willing to be challenged...

 

Phill