The recent Supreme Court decision in Hillside Parks Ltd v Snowdonia National Park Authority handed down in November last year could have implications for developers looking to use ‘drop-in’ planning applications, particularly developers who are in the middle of large masterplan developments or who have acquired par of a site where development is ongoing.
A ‘drop-in’ planning application is a tool to facilitate changes made to an original planning permission where they exceed the limits permitted for non-material or minor amendments. This tool is commonly used on larger, long-term development proposals where, over time, there is a need for major changes to the mix, type of uses or other substantial amendments. A drop-in application can grant a new planning permission for an area in an existing planning application red line boundary. The two planning permissions can lawfully sit alongside each other, providing the correct planning strategy is adopted.
The decision in Hillside Parks Ltd confirms the general rule that where there are two conflicting planning permissions for the same land, if one of the permissions is implemented, the other permission is no longer capable of being implemented or of being built out.
The judgement leaves a number of questions for developers. Where there is a full planning permission that is not phased, any development pursuant to the original permission which has not been carried out before the implementation of the drop-in permission could be unlawful.
The scope of the decision appears to be limited to non-phased full planning permissions. However, developers should proceed with caution even on phased developments where the Hillside judgement could be applicable.
To read this article in full, as published in the autumn edition of Rural Scene, please click here.
If you would like more information on drop-in applications, please contact Adam Tuck, Head of Planning on 01223 271958.