Tetlow King Planning (TKP) has been successful in avoiding a last minute refusal of 27 homes in Cornwall due to the lack of an up to date ecological survey.
TKP were contacted by the agents acting for the reserved matters application, which TKP had originally gained consent via a Public Inquiry, as there was an imminent threat of refusal being issued by the Council.
TKP were able to demonstrate that the site was not of European level in terms of its ecological value and hence a requirement under PPS9 to have all ecological matters agreed prior to the issuing of a consent was not necessary. Instead it was demonstrated that a Grampian style negative condition could be imposed which required details of a survey to be submitted prior to any works being implemented.
The added benefit of the condition was that the ecological survey could not be undertaken for further 2 months due to timing issues. The consent was issued with the condition and works on the homes is due to start in the summer of 2011 following the submission of the necessary ecological survey.