Amendments to Residential Design Approved after S.73 Negotiations
IPS were pleased to assist in achieving a s.73 (variation of condition) permission, for proposals at a residential development site in Begelly, Pembrokeshire. Following a change in ownership, the Applicant proposed changes to the design of the dwellings to meet market demands and achieve higher standards of energy efficiency. IPS were asked to assist when the Case Officer considered that the changes represented a material change and departure from the terms of the original consent notice.
IPS had previously assisted with the proposals on this site, submitting a Section 191 application for a Certificate of Lawful Existing Development (CLEUD) confirming that the commencement of residential development on the site at Barley Park, Begelly, Pembrokeshire was lawful. The certificate dated 18th June 2021 confirmed that the commencement of works on 1st August 2019 constituted the lawful commencement of the development.
The current developers, Luckton Ltd, proposed amendments to the approved design which altered the fenestration, floor plan layouts, roof pitches and materials of the proposed properties. There were no changes proposed to the layout or location of units, or to the number of beds or rooms for each dwelling. The S.73 submission sought to amend the plans and drawings listed at Condition 1 of the original consent.
The Case Officer initially raised concerns regarding the proposed roof pitch adjustments, however, despite, registering and consulting on the submission, stated that they could not consider the proposals under the s.73 application process, and that the application had not been formally validated. IPS prepared a letter to the LPA, outlining the purpose of a s.73 submission, citing relevant case law, analysis of Planning Practice Guidance and the definition of ‘material changes’ in the context of a s.73 application. IPS also submitted an appeal against non-validation to PINS, which was subsequently nullified.
Following the receipt of the appeal decision, IPS engaged with senior planning officers at the LPA, and attended an in-person meeting at Pembrokeshire County Council offices. The officers considered that the proposals could be determined through the s.73 application process and the proposals would be reactivated through the formal submission of the revised drawings. The application was allocated to a new Case Officer, and the proposals were subsequently approved by the planning committee in January 2023.
This relatively simple application followed a long and protractive application process, to the frustration of our clients and Applicant, Luckton Ltd. The proposed changes to the development would represent significant improvements to both the appearance and functionality of the dwellings, as well as improvement the energy efficiency of the properties for the lifetime of the development. We are pleased that the correct outcome could be reached following discussions with the Council and our client can continue with the development and provide much needed new housing in Begelly.
