In Toys out of the pram we gave an account of an appeal case in which the council had refused to discharge pre-commencement conditions on the grounds that development had already commenced, notwithstanding the fact there was no dispute about the suitability of the details which had been submitted pursuant to the conditions.
Here we go again. In an appeal case in south Wales (DCS Number 400-021-886) the inspector related that “The Council contends that as the Appellant had commenced development prior to the submission and determination of the application he was in breach of the conditions, and the only option was to refuse the application.” Nevertheless, the council stated that the information illustrated on the site plan and the material samples would have been considered acceptable if works had not already commenced on site. In its statement of case it confirmed that “the Authority agrees that the details submitted would have been considered satisfactory to discharge the conditions”.
Having regard to the fact that the council had granted full planning permission for the development of the site, and that all the details submitted with the application subject to the appeal were deemed to be acceptable, the inspector considered that the council’s decision was not a pragmatic approach to take. He concluded that the details submitted with the application were acceptable and sufficient to discharge the conditions, and that the appeal should be allowed.
Time to stop this silliness now.
Information concerning the discharge of planning conditions can be found at section 4.4119 of DCP Online.