QBD 8 February 1994. W obtained three consecutive planning permissions to build a leisure park on the site of a former steelworks. The third was an outline planning permission subject to several conditions including approval of the phasing programme and for approval of reserved matters not later than two years from the date of permission. W submitted an application for review of reserved matters within time and applied under Town and Country Planning Act 1990 s73 to amend the conditions, keeping open a right of appeal against non-determination of the application for approval of the reserved matters. No determination was forthcoming. W applied to the SoS. SoS decided that a s73 application could be made providing that the time for beginning the development had not expired without development having started. The council challenged this decision as no approval had been sought for the phasing programme. Application dismissed, applications can be made under s73 before the phasing programm