Development Management Answers: 1965 planning approval query

Q In 1962, outline permission was granted for two dwellinghouses. The only condition required standard outline approval. In 1965, permission was granted for a bungalow on part of the same site.

My client now also wishes to build a bungalow on the land, but green belt objections now apply. Given that no time limit was set for submission of details, could a reserved matters application be made on the basis that the 1965 approval was effectively a reserved matters approval, keeping the outline permission alive? Is there any issue over the reference to "dwellinghouses" on the outline permission and the property being built as a bungalow? MS

A When the current planning system was introduced in 1947, conditions requiring a permission to be commenced by a certain date were not usually imposed when permissions were granted. This raised the difficulty of old unimplemented permissions "accumulating", which might be implemented at some unknown date in the future. The Town and Country Planning Act 1968 introduced time limits on all future permissions to be granted and retrospectively added them to any outstanding ones that had not been implemented by 1 January 1968. As far as I can see, if the 1965 application and permission were expressed in terms of a reserved matters submission, the outline permission for the second bungalow would still be "alive", assuming the bungalow was commenced before 1968. But if it were made as a separate full application, the permission would have lapsed. Regarding your supplementary question, in planning law the term "dwellinghouse" is normally considered to include a house or bungalow, but not a flat or maisonette. John Harrison

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