Original Planning Statement

Planning Statement In Support Of An Application To Vary Condition 1 Of 19/01095/B, Extension Of Time For 15/00582/Rem Which Approved The Erection Of A Dwelling In Place Of A Former Agricultural Building At Robin Hill Farm, Cronk Y Dhooney, Ballakilpheric, Colby, Arbory

1.0 Introduction

1.1 The site is a parcel of land which sits adjacent to a lane which is also a public right of way to the east of the B44. The site is presently vacant, the former building having been demolished in preparation for the implementation of the development approved under 15/00582/REM, the drawings for which are attached.

2.0 The proposal

2.1 Proposed is the variation of condition 1 of 19/01095/B which required the approved development to be commenced prior to the expiration of three years from the date of the approval - effectively 19.11.22. This reflects what was applied for, the applicant believing at that time that the circumstances which had prevented her from commencing the development up to then, would have been resolved and that development could have commenced.

2.2 In practice, these circumstances have taken longer to resolve and finalise than anticipated and the situation is almost now such that development could commence or the site sold but there is insufficient time remaining for Building Regulation approval to be sought before the planning approval expires.

2.3 In addition, the COVID 19 pandemic has not assisted the situation in enabling the development to be expedited or the applicant’s circumstances to be promptly resolved.

3.0 Assessment

3.1 The report for 19/01085/B, not dissimilar to other applications for variation of conditions to extend the period of a planning approval, states that there had been no change in circumstances or policy to justify a decision different to that which the application sought to extend and as such, the extension of the 2015 approval was granted, for a further three years as requested.

3.2 Whilst a Reserved Matters application, the approval granted under 15/00852/REM was subject to the standard condition applicable to full, detailed approvals - that is that the development should commence within four years of the date of the approval, rather than the usual requirement that development commence within a certain time relative to the approval in principle to which it referred. As such, it is possible, and indeed has been undertaken previously, to extend the reserved matters application without being in breach of the approval in principle as the REM application has become, through the application of that first condition, a full, detailed approval.

3.3 It is often the case that applications for variation of conditions to extend an approval would request a further four years, consistent with the period of the original approval. Had 19/01095/B requested four years then there would have been sufficient time remaining for the development to commence without having to submit this current application.

4.0 Conclusion

4.1 As was the case with 19/01085/B there has been no change in context, policy or circumstances relating to this approval and the applicant is now in a position to have the approval implemented. For the reasons set out above, we believe that a further extension should be permitted in this case.

Sarah Corlett 05.10.22