Section 153 of the PDA & Section 5

windnoiseinfo

We are not looking for legal advice but reference material and suggested reading

We have a situation where a CC has found a development to be unauthorized under s.153 because the development breaches a condition of a granted planning permission.

They are not proceeding under s.160 because after granting the permission they issued a s.5 exempted development declaration for the particular item which required a new application for permission under the condition of the previously granted permission.

Their argument is that under s.153(7) they can choose not to proceed if there are compelling reasons not to do so. In this case they feel they are estopped from proceeding as the court would not allow them to argue a s.160 having previously granted a s.5

So - question - does any one have reference material surrounding what is a "compelling reason" not to proceed under s.153(7)



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nuac

Why wasn't the Section 5 reference made before submitting the planning application.

Is there any overlap or conflict between the two permissions?

windnoiseinfo

Nuac

development is a wind farm - grid connection route not know at time of application so council placed planning condition to state planning for connection must be sought prior to construction of wind farm

subsequently developer (a semi-state body) requested section 5 determination on grid connection and received an "exempt development"

both have now been constructed