Condition related applications
Approval of reserved matters - What is a reserved matters application?
Where outline planning permission has been granted, without details of some of the design elements of the proposal (i.e. access, appearance, landscaping, layout or scale) an application will be necessary to seek approval to these detailed matters. These are applications for approval of reserved matters. Such an approval is not a planning permission in its own right but has to be read in conjunction with the outline planning permission. It follows that the details submitted must conform to the outline permission i.e.:
- Cannot relate to land outside of the outline permission.
- Must not conflict with the terms or description of the outline permission.
- Must be submitted within the time scale set out in the outline permission.
The development cannot be commenced until details of all outstanding matters have been approved.
Application for removal or variation of a condition following grant of planning permission
Conditions are often applied to planning approvals. These may limit or control the way in which the approval may be implemented. Section 73 of the Planning Act allows applications to be made for permission to develop without complying with a condition previously imposed. The Planning Authority can grant such permission, perhaps with different conditions or they can refuse the application. The original planning permission continues to subsist whatever the outcome of the s73 application. The approval of such an application is a planning permission in its own right.
This type of application cannot be used to vary the time period for the commencement of development works.
Application for approval of details reserved by condition
This form should only be used where an approval has been granted and is subject to a condition requiring details of a specific matter to be submitted to and approved by the Local Planning Authority.
The Courts have held that, where a consent required details to be approved before development commences, and those details have not been so approved, the planning permission or listed building consent etc. had not been lawfully implemented (and therefore all development undertaken had been unlawful and open to enforcement action and, in the case of listed buildings, a criminal offence had been committed).
Follow this link to download the relevant application forms and validation checklists.
Cotswold District Council, Trinity Road, Cirencester, Gloucestershire, GL7 1PX
Tel: 01285 623 000