Advice to Marrons

Enquiry

• From: Marrons
• Date advice given: 14 October 2010
• Enquiry type: Email

As a general principle, can you please confirm whether a Requirement imposed on a grant of Development Consent, is superseded by a subsequent grant of planning permission as a planning condition would be? For example, would a requirement that specified the land was used for X Use Class only, be overridden by a later grant of planning permission for a different use? Or would a further Development Consent be needed to enable development contrary to an extant Development Consent Requirement?

Advice given

As a general proposition, under the TCPA 1990, it is possible to have a number of concurrent unimplemented planning permissions in relation to the same land and the conditions imposed on the more recently granted permissions do not necessarily 'supersede' the earlier ones.

In any event, potential applicants will need to satisfy themselves as to whether a particular proposed development requires a DCO under the Planning Act 2008 (the 2008 Act). If development consent is required for a proposed development then, under s.33(1)(a) of the 2008 Act, planning permission does not need to be obtained separately for that development.

Whilst there is no direct equivalent to s.73 TCPA 1990 in the 2008 Act, non-material changes to requirements (and DCO provisions) can be made under Schedule 6 of the 2008 Act. If the change being sought to an existing requirement (or DCO provision) is a non-material one then this might avoid the need for a subsequent DCO application.

If the change being sought was though a material one, then an applicant would need to satisfy themselves as to whether it would constitute development for which a DCO is required (i.e. the development is or forms part of an NSIP). If so, then a further DCO application would be required.