| 1. | Given the addition of proposed new front boundary walls incorporating vehicular access and a pedestrian gate, which would have material impact upon the street-scene and potential impact upon the health of the trees, the proposed development would materially differ from the description of the approved scheme with respect to the original decision notice. Hence the proposed variation could not be varied under Section 73 of the Act. The description of development would be changed which would be against the advice given in National Planning Practice Guidance and contrary to the finding of the Court of Appeal judgement in Finney v Welsh Ministers & Ors (Rev 1) (2019) EWCA CIV 1868 and therefore the application would require a fresh planning application. |
