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