Bell Cornwell’s Cornwall office have helped our client, Real X Developments, to secure a series of amendments to a planning permission for the combined development of 5 dwellings on the North Cornish coast. The changes were primarily submitted to regularise a number of discrepancies between the original planning approval and what was built. The changes were submitted in response to enforcement enquiries and it was agreed that the amendments could be considered via the Section 73 application process, which allows for the approved plans on the original planning permission to be amended. The main alterations included:
In this instance, the Local Planning Authority accepted that the proposed revisions would not result in any additional impacts on the amenity of the neighbouring residential properties or wider visual amenity, over and above that of the originally approved scheme. Bell Cornwell was able to provide assistance to the developer and architect and helped negotiate a delegated approval with the Local Planning Authority.
We are regularly asked to support clients where amendments to schemes are required post decision. In this regard, it’s important to understand the legal implications of amending a planning permission through the Section 73 process (bearing in mind the caselaw established under Finney vs Welsh Ministers). Building as much flexibility as possible into the original description of the development associated with a planning permission will allow for amendments/modifications at a later date.
For more information about this project or if you are looking to amend an approved scheme, please contact Senior Associate, Dan Rogers.