Appeal 6001905

The appeal is invalid, and no further action will therefore be taken on it.

Planning permission was originally granted for the demolition of a pair of semi-detached buildings and erection of two pairs of three storey semi-detached dwellings to accommodate 4x3 bedroom dwellings with associated alterations to vehicular access and provision of landscaping and parking1 (the original permission).

Planning permission 23/0324/FUL was granted to vary the conditions attached to the original permission, under section 73 of the Town and Country Planning Act 1990 (as amended) (the Act)2. The Council subsequently granted a further planning permission 25/1402/FUL, to vary the conditions attached to planning permission 23/0324/FUL, under section 73 of the Act on 29 October 2025 (the most recent permission).

The appeal requests the removal of Condition 2 imposed on the most recent permission, to remove the requirement for the car parking bays indicated on plan 1 Council ref: 22/0227/FUL 2 Council ref: 23/0324/[name] of condition 3 (Site Levels), 4 (Construction Management Plan), 5 ([name]), 6 ([name]), 7 (Landscape and Ecology Management Plan), 8 ([name]) and 9 (Energy and [name]) of planning permission 22/0227/FUL to allow change of pre-commencement conditions to compliance

The most recent permission relates to a wider number of properties, comprising 165 - [site address] . A representation has been submitted by the occupiers of one of the four dwellings constructed on the appeal site, raising concerns regarding the proposed removal of the disputed condition. In addition, the appeal form states that ‘we wish to appeal the painting of parking spaces on our driveway as pertaining to the planning application 25/1402/FUL’. On this basis, it was unclear whether the appeal had been made by the original applicant, [name]. The agent named on the appeal form has since confirmed that the appeal has not been made by the original applicant.

In light of the above, the main issue is whether or not the appeal been validly made. Only if it has, would it be appropriate for me to consider whether or not Condition 2 is reasonable and necessary in the interests of ensuring suitable off-street parking provision.

Under section 78(1) of the Town and Country Planning Act 1990 (as amended) (the Act), where a local planning authority grants an application for planning permission subject to conditions, only the applicant may by notice appeal to the Secretary of State. Accordingly, an appeal under section 78 of the Act must be made by the original applicant who submitted the planning application to which the appeal relates.

As the appeal has not been made by the original applicant [name], proceeding to determine the appeal would give rise to procedural unfairness. In these circumstances, consideration of the merits of the case is not appropriate, and the appeal cannot proceed.

For the reasons given above, I conclude the appeal to be invalid. Accordingly, I decline to determine the appeal and propose to take no further action.