Case 3287508

Land rear of 69 - 77 Chain Lane and off Occupation Lane, Staining, Lancashire, FY3 0DB

Fylde Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
18 May 2022
Authority
Fylde Borough Council
Inspector
Caine M
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Other minor developments
Appellant
Mr David Butterworth
Agent
Keystone Design Associates Limited
LPA reference
21/0695
ONS LPA code
E07000119
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 March 2022

Summary AI

The appeal is dismissed due to a misunderstanding of condition 3 in the planning permission.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by Mark Caine BSc (Hons) MTPL MRTPI LSRA

Land rear of 69 - 77 Chain Lane and off Occupation Lane, Staining, Lancashire, FY3 0DB — Fylde Borough Council — by Mark Caine BSc (Hons) MTPL MRTPI LSRA an Inspector appointed by the Secretary of State Decision date: 18 May 2022

Page 1 · Chunk 1 Land rear of 69 - 77 Chain Lane and off Occupation Lane, Staining FY3 0DB

Land rear of 69 - 77 Chain Lane and off Occupation Lane, Staining, Lancashire, FY3 0DB — Fylde Borough Council — Land rear of 69 - 77 Chain Lane and off Occupation Lane, Staining FY3 0DB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant consent, agreement or approve details required by a condition of a planning permission. • The appeal is made by Mr David Butterworth against the decision of Fylde Borough Council. • The application Ref 21/0695, dated 26 July 2021, sought approval of details pursuant to condition No 3 of planning permission Ref 16/0468, granted on 19 August 2016. • The application was refused by notice dated 10 November 2021. • The development proposed is an outline planning application for three dwellings and garaging (access applied for with all other matters reserved). • The details for which approval is sought are: ‘The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved.’ The reason given for the condition is: ‘Required to be imposed pursuant to Section 92 of the Town and Country Planning Act 1990.’

Page 1 · Chunk 2 INSPECTOR

Land rear of 69 - 77 Chain Lane and off Occupation Lane, Staining, Lancashire, FY3 0DB — Fylde Borough Council — INSPECTOR https://www.gov.uk/planning-inspectorate

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Planning obligations
Against appellant
¶2

The condition in question does not require consent, agreement or approval of any details, so Article 27 of the DMPO does not apply.

Planning obligations
Against appellant
¶3-4

The appellant can apply for a determination under section 191 of the Town and Country Planning Act 1990, but the appeal is still dismissed.

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 18 May 2022 under the Open Government Licence.