Outline planning permission

[GuyP]

outline planning permission , in 1980, contained a condition that my neighbours property should not exceed a single storey in height.
Subsequent planning permission for the Bungalow that was constructed did not contain the same the same restriction, it was not referred to.
In 2023, the Council have ignored the outline planning condition and sanctioned a three storey property.
In granting permission they have not referenced the outline planning permission.
Does this sound right?
Ultimately, is it worth asking a Judge to make a ruling?

[PallasAthena]

Outline planning permission usually is valid for 5 years and full pp for 3 years so surely the planning permissions given in the 1980s expired some 40 years ago? I can't think why a judge would decide the conditions in the 1980 outline pp had to be applied to a new pp in 2023.

There's nothing to stop you referring to the 1980 OPP if you wish to object to the new application but there's no obligation on a council to keep reimposing the same 1980 conditions for ever. Planning policies change.

[GuyP]

Thank you, I’m sure that the Council will pull out the “planning policies change” card..however, this property is on the green belt boundary…I don’t think there has been any significant shift in policy, with regard to protecting the green belt….your thoughts however are very welcome

[atticus]

It appears that 43 years after the lapsed permission, a new and different permission has been given. If you objected, it appears that your objection was unsuccessful.

[GuyP]

If nothing has changed, other than the passage of time, should not the height restriction continue to apply?
If not, why bother with the restriction in the first place?
Seems very odd to me

[Pezza54]

As a neighbour you cannot appeal against a planning decision but you can make a complaint to the Local Government Ombudsman if you believe the planning process was not carried out correctly. Did the LA consult you about the planning application and provide you with a chance to raise an objection? If they did and you made an objection you should read the notes of the planning committee decision normally available on the LA website.

[GuyP]

The decision was made under delegated powers, no planning committee involved. A large house would not have been granted permission in 1980, the development was subject to the condition restricting height. The bungalow now on this plot was subject to the restriction. Was the condition intended to be permanent or time limited ?

[Pezza54]

You need to contact your LA to find out whether approval under delegated powers was the right process. Usually 3 or more objections from neighbours means the individual application is presented to committee. Did the LA contact you and did you make an objection?

[atticus]

The bungalow now on this plot was subject to the restriction. Was the condition intended to be permanent or time limited ?

The permission given 43 years ago was for a development at that time. The permission given now is for a development now.

[GuyP]

I get that but if a restrictive covenant were to limit the building to a single storey its effect would be in perpetuity….why does the same seemingly not apply to a condition imposed by the LPA

[islandgirl]

What matters is the original permission given not the outline in my view. If there was no restriction in the full planning consent then there is no restriction. Also previous conditions can be removed with a new application. Your local councillor could have called it in if you had asked so it would go to committee. Otherwise officers decide. This decision is not based on the number of objections.

[atticus]

Planning permission is NOT a restrictive covenant. Chalk is not cheese.