The applicant appealed the dismissal by the respondent of their application to the council for an extension of the time allowed for approval of reserved matters.
Held: The appeal was granted. The reason for the delay had been a lack of interest in the proposed development, but when an application was made under the section, the inspector should only have considered the question of the conditions to which the permission was subject, and as at the time he considered the issue. He should not have considered new planning policies which had come into effect since the outline permission was granted. The authority had to consider the acceptability of the existing and proposed conditions, and could not revisit the question of whether the development was itself acceptable in principle. The power to vary planning consent conditions was not to be used to challenge the grant itself.
Judges:
Lockhart-Mummery QC
Citations:
Times 28-Mar-1996, (1996) 72 PandCR 327
Statutes:
Town and Country Planning Act 1990 73(2)
Planning
Updated: 17 May 2022; Ref: scu.77761