A Collection is a selection of features, articles, comments and opinions on any given theme or topic. It allows you to stay up‑to‑date with what interests you most.
Login here to access your saved articles and followed authors.
We have sent you an email so you can reset your password.
Sorry, we had a problem.
Tags related to this article
Download PDF Print page
Published 27 agosto 2019
In the recent case of Fulford Parish Council v City of York Council, the local authority (York) sought to approve a non-material change to a reserved matters approval. Fulford argued that the local authority did not have the power to approve this change pursuant to section 96A of the Town and Country Planning Act 1990 as that was specific to a planning permission and did not extend to reserved matters approval.
The Court of Appeal disagreed and held that “planning permission” under the Act not only refers to the grant of planning permission, but also to any conditions attaching to it (whether imposed at the time of grant or at a point in time thereafter). An application for an amendment to reserved matters approval is an application for the alteration of an existing condition and as such local authorities have the power to approve changes to it. Note however, this only applies to non-material changes.
We wait to see whether Fulford will appeal to the Supreme Court but in the meantime, this decision provides much-needed flexibility and pragmatism to the planning system.
London - Walbrook
+44 (0)20 7894 6645
By Gemma Leonard
By Andrew Morgan, Omotorera Sotinwa
By Sadie Guile
By Clare Hartley, Chloe Postlethwaite
By Emma Gonzalez, Ben Thornycroft
By Anna Hart
By John Dunlop, Omar Asfar
By Sally Morris-Smith
By Nicola Fairbairn
By Anne Harrison, Nadine Kamalaneson
By Clare Hartley, Kai Ricciardiello, Louise Day
By Jonathan Brogden, Millie Bailey
By Karen Howe, Antonio Marino
By David Manifould, Andrew Boulton, Clive Garston, John Dunlop, Michelle Jones, Paul McCartney
By Kai Ricciardiello, Clare Hartley
By Christopher Stanwell
By Christopher Stanwell, Andrew Morgan