« Previous | Contents | Next »
Listen
4. PLANNING PERMISSION IN PRINCIPLE
4.1 The GDPO currently contains provisions for the making of planning applications for outline planning permission ( OPP) and for applications for approval of reserved matters. These reserved matters are essentially matters not specified in detail in the application for OPP and which the planning have specified, in conditions attached to the OPP, will require applications for their further approval. The GDPO also defines these reserved matters as relating to siting, design or external appearance of any building to which the OPP relates, or the means of access to such building, or the landscaping of the site for which the application was made.
4.2 This current distinction between conditions relating to reserved matters and other conditions which may require approval of certain matters in relation to an OPP appears to have caused some confusion. The new version of section 59 of the 1997 Act, once commenced, will replace the provisions on OPP with provisions on planning permission in principle ( PPP). The importance of this change, however, relates to the removal of reserved matters. In future planning authorities will simply specify conditions on PPP which require matters specified in the conditions to be subject to further approval by the planning authority. These do not relate solely to matters not specified in the application for PPP, nor are they limited to issues of siting, design or external appearance of any buildings, access to such buildings or landscaping of the proposal site.
4.3 The removal of this distinction means that where conditions attached to a PPP specify matters which require the further approval of the planning authority, all such approvals will require to be the subject of formal application. Regulation 14 contains the requirements on the content of these applications. There are also requirements associated with neighbour notification and notification of parties who made representations on the related application for PPP (see Part 7 below).
4.4 The time periods within which applications for these further approvals must be made and within which development must be started are set out in the new version of section 59 of the 1997 Act. The planning authority will, as at present, have power to vary these statutory time periods when PPP is granted. However, in future this will be done by direction, not by a condition attached to the permission. Despite this, the changes to section 59 will still allow the applicant to appeal against the time periods specified by the planning authority at the time permission is granted.
Q16: Do you support the proposed approach to Planning Permission in Principle and approval of matters specified in conditions?
« Previous | Contents | Next »