Making amendments to details submitted as reserved matters on
large development schemes can pose difficulties – until now
there has been no specific authority that non-material amendments
could be made to reserved matters approvals (RMAs), although it has
frequently been done in practice. A recent Court of Appeal
decision, R (on the application of Fulford Parish Council) v
City of York Council [2019] EWCA Civ 1359, has the
potential to make things a lot more straightforward, providing
authority both for non-material amendments to RMAs (save for the
extension of time) and for the conditional grant of RMAs.
Background
Fulford v York relates to a residential scheme on land
at Germany Beck in Fulford, York, which has been the subject of
more than one challenge. The issue at the heart of this case is the
power of a local planning authority under section 96A of the Town
and Country Planning Act 1990 (1990 Act) to amend a planning
permission relating to land in its area,
