Bit dry and uninteresting for many, but fascinating stuff to me 😎
A reserved matter to an outline planning permission is not a planning application but an application to discharge a planning condition on specified reserved matters. The LPA has the power under the GPDO to refuse to determine the application without sufficient details (T&CP (Development Management Procedure) (England) Order, article 7 and the DMO (Wales) Order 2012, article 3).
One common issue is the means of access. Highways authorities often refuse to determine applications without sitelines and a plan of the access point – so this is often included in applications with all other matters reserved.
Scale is one of the reserved matters. However under well established principles of planning law reserved matters cannot abrogate the terms of the outline permission. So if a description of development is ‘5 bungalows’ you have permission for 5 bungalows not 6 and not for two story houses.
PiPs have no such power of the…
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