Fellside

Outline permission had been granted on appeal for the construction of a bungalow with all matters reserved for later approval, except the means of access. The site lay within the development boundary of Pantymwyn, as defined in the Council’s current local plan, and within the Clwydian Range Area of Outstanding Natural Beauty (AONB). However, it lay outside a revised boundary proposed in an emerging development plan. At the reserved matters stage, Council members rejected their planning officers’ advice and refused to approve the details of a bungalow with rooms in its roof space, due to claimed (but unspecified) conflict with a raft of adopted and emerging development plan policies.

Philip handled the subsequent planning appeal, which was decided following a hearing. In allowing the appeal and approving the reserved matters, the inspector appointed by Welsh ministers accepted that the term ‘bungalow’ could include dwellings with a second storey built into the roofspace, subject to the walls of the front and rear elevations remaining single storey in height. He therefore found that the submitted details were consistent with the terms of the outline permission.

He also concluded that the proposed bungalow would not harm the character or appearance of the surrounding area and would conserve the natural beauty of the AONB. He awarded costs in favour of the appellants after deciding that the Council had failed to explain how or in what way its policies would be contravened. The evidence submitted by the Council did not provide a respectable or sufficient basis for its decision, which was in all probability unduly influenced by local opposition, the inspector held. As a result, the Council’s behaviour had been unreasonable.

The case is a salutary reminder that once outline planning permission has been granted local planning authorities should not seek to frustrate a proposed development at the reserved matters stage for spurious reasons.