Planning condition - Revision history

Designing Buildings at 09:21, 22 July 2024

2024-07-22T09:21:35Z

← Older revision		Revision as of 09:21, 22 July 2024
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	New regulations came into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They are also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.		New regulations came into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They are also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Agent of change.		* Agent of change.

Designing Buildings at 08:03, 17 September 2020

2020-09-17T08:03:52Z

← Older revision		Revision as of 08:03, 17 September 2020
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	* Gov.uk [https://www.gov.uk/government/news/simplified-planning-to-speed-up-delivery-of-new-homes-and-support-local-jobs Simplified planning to speed up delivery of new homes and support local jobs], December 4 2013.		* Gov.uk [https://www.gov.uk/government/news/simplified-planning-to-speed-up-delivery-of-new-homes-and-support-local-jobs Simplified planning to speed up delivery of new homes and support local jobs], December 4 2013.

−	[[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]

Editor at 15:55, 12 August 2019

2019-08-12T15:55:26Z

← Older revision		Revision as of 15:55, 12 August 2019
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	* What is a housing start?		* What is a housing start?

−	=== External references ===	+	= External references =

	* [http://www.planningportal.gov.uk/planning/applications/decisionmaking/conditionsandobligations Planning portal guidance on planning obligations].		* [http://www.planningportal.gov.uk/planning/applications/decisionmaking/conditionsandobligations Planning portal guidance on planning obligations].

Designing Buildings at 10:06, 13 February 2019

2019-02-13T10:06:35Z

← Older revision		Revision as of 10:06, 13 February 2019
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	* Positively worded conditions requiring payment of money or other consideration.		* Positively worded conditions requiring payment of money or other consideration.

−	New regulations ~~will come~~ into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They ~~will~~ also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.	+	New regulations came into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They are also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Editor at 15:11, 2 October 2018

2018-10-02T15:11:41Z

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	If early consultation takes place with the local planning authority before the application is submitted, or before the planning committee meeting, it may be possible to broadly agree the nature of conditions that the planning committee are likely to impose. Such recommended conditions may appear in the planning officers report to the committee.		If early consultation takes place with the local planning authority before the application is submitted, or before the planning committee meeting, it may be possible to broadly agree the nature of conditions that the planning committee are likely to impose. Such recommended conditions may appear in the planning officers report to the committee.

−	The National Planning Policy Framework states that planning conditions should only be imposed where they are ‘necessary, 'relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects’.	+	The National Planning Policy Framework (NPPF) states that planning conditions should only be imposed where they are ‘necessary, 'relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects’.

	If the applicant is unhappy about the imposition of conditions, they can appeal to the Secretary of State. In addition, section 73 of the Town and Country Planning Act 1990 'determination of applications to develop land without conditions previously attached' permits application to remove planning conditions or to vary planning conditions following the grant of planning permission. See Section 73 for more information.		If the applicant is unhappy about the imposition of conditions, they can appeal to the Secretary of State. In addition, section 73 of the Town and Country Planning Act 1990 'determination of applications to develop land without conditions previously attached' permits application to remove planning conditions or to vary planning conditions following the grant of planning permission. See Section 73 for more information.

−	Planning permissions may also be subject to planning obligations (section 106 ~~Agreements~~). Planning obligations are used to mitigate or compensate for negative impacts of development that might otherwise make them unacceptable.	+	Planning permissions may also be subject to planning obligations (section 106 agreements). Planning obligations are used to mitigate or compensate for negative impacts of development that might otherwise make them unacceptable.

−	The community infrastructure levy is a charge that local authorities can choose to impose on new developments to fund local infrastructure. When local authorities are deciding whether to impose planning conditions, they should consider the combined effect that those conditions and the community infrastructure levy will have on the proposed development. ~~(ref Department for Communities and Local Government: [https://www.gov.uk/government/publications/community-infrastructure-levy-guidance Community Infrastructure Levy guidance 14] December 2012)~~	+	The community infrastructure levy is a charge that local authorities can choose to impose on new developments to fund local infrastructure. When local authorities are deciding whether to impose planning conditions, they should consider the combined effect that those conditions and the community infrastructure levy will have on the proposed development.

−	NB in December 2013, the government announced proposals to legislate so that when a local authority fails to deal with details required by a condition on a planning permission on time, it will be treated as approved. ~~It also proposes to strengthen the requirement~~ for ~~councils to justify conditions which require more information before work can start. Ref Gov.uk~~ [https://www.gov.uk/government/~~news~~/~~simplified~~-~~planning~~-to-~~speed-up-delivery-of-new-homes-and-support-local-jobs Simplified planning to speed up delivery of new homes and support local jobs~~], December ~~4 2013. The Queens Speech 2014, suggested that this would be implemented through a new Infrastructure Bill.~~	+	(Ref. Department for Communities and Local Government: [https://www.gov.uk/government/publications/community-infrastructure-levy-guidance Community Infrastructure Levy guidance 14] December 2012)

−	~~On 31 July 2014~~, ~~Brandon Lewis, newly-appointed Minister of State for Housing and Planning at~~ the ~~Department for Communities and Local Government,~~ announced proposals to ~~ensure planning conditions are cleared on time~~ so that ~~new homes that have~~ planning permission ~~can~~ be ~~built without delay~~. Ref ~~DCLG,~~ [https://www.gov.uk/government/news/~~cutting~~-~~red-tape~~-to-~~breathe~~-new-~~life~~-~~into~~-local-~~communities Making the~~ planning ~~system work more efficiently~~ and ~~effectively, Giving communities more power in planning~~ local ~~development~~], ~~31 July~~ 2014.	+	NB: In December 2013, the government announced proposals to legislate so that when a local authority fails to deal with details required by a condition on a planning permission on time, it will be treated as approved. It also proposes to strengthen the requirement for councils to justify conditions which require more information before work can start. (Ref. Gov.uk [https://www.gov.uk/government/news/simplified-planning-to-speed-up-delivery-of-new-homes-and-support-local-jobs Simplified planning to speed up delivery of new homes and support local jobs], December 4 2013.) The Queens Speech 2014, suggested that this would be implemented through a new Infrastructure Bill.

−	On 4 November 2014, the government announced that it would introduce secondary legislation to allow the deemed discharge of planning conditions where they are not discharged by a local planning authority within a reasonable time. See Deemed discharge of planning conditions for more information.	+	On 31 July 2014, Brandon Lewis, newly-appointed Minister of State for Housing and Planning at the Department for Communities and Local Government, announced proposals to ensure planning conditions are cleared on time so that new homes that have planning permission can be built without delay.
		+
		+	(Ref. DCLG, [https://www.gov.uk/government/news/cutting-red-tape-to-breathe-new-life-into-local-communities Making the planning system work more efficiently and effectively, Giving communities more power in planning local development], 31 July 2014.)
		+
		+	On 4 November 2014, the government announced that it would introduce secondary legislation to allow the deemed discharge of planning conditions where they are not discharged by a local planning authority within a reasonable time.
		+
		+	See Deemed discharge of planning conditions for more information.

	In May 2016, the Planning and Infrastructure Bill set out plans to limit the use of planning conditions that are a pre-requisite to starting work on site. Housing and planning minister Brandon Lewis said:		In May 2016, the Planning and Infrastructure Bill set out plans to limit the use of planning conditions that are a pre-requisite to starting work on site. Housing and planning minister Brandon Lewis said:
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	New regulations will come into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They will also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.		New regulations will come into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They will also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Agent of change.		* Agent of change.
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	* Common land.		* Common land.
	* Community Infrastructure Levy.		* Community Infrastructure Levy.
		+	* Condition.
	* Consultation process.		* Consultation process.
	* Deemed discharge of planning conditions.		* Deemed discharge of planning conditions.

Editor at 11:56, 2 July 2018

2018-07-02T11:56:49Z

← Older revision		Revision as of 11:56, 2 July 2018
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	* Viability test.		* Viability test.
	* What hours are construction sites allowed to operate?		* What hours are construction sites allowed to operate?
		+	* What is a housing start?

	=== External references ===		=== External references ===

Designing Buildings at 07:49, 21 May 2018

2018-05-21T07:49:09Z

← Older revision		Revision as of 07:49, 21 May 2018
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	* Conditions requiring land to be given up.		* Conditions requiring land to be given up.
	* Positively worded conditions requiring payment of money or other consideration.		* Positively worded conditions requiring payment of money or other consideration.
		+
		+	New regulations will come into force on 1 October 2018 requiring that local authorities asking for pre-commencement conditions must obtain the applicant’s written consent to the terms of the conditions. They will also be required to set out their reasons for any conditions, why they are being imposed as pre-commencement conditions, and how and how quickly the applicant must respond.

	= Find out more =		= Find out more =

Editor at 12:14, 25 July 2017

2017-07-25T12:14:23Z

← Older revision		Revision as of 12:14, 25 July 2017
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	* Statutory approvals.		* Statutory approvals.
	* Statutory authorities.		* Statutory authorities.
		+	* Town and Country Planning Act.
	* Viability test.		* Viability test.
	* What hours are construction sites allowed to operate?		* What hours are construction sites allowed to operate?

Editor at 10:31, 3 July 2017

2017-07-03T10:31:18Z

← Older revision		Revision as of 10:31, 3 July 2017
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	* Agent of change.		* Agent of change.
−	* Approval of conditions ~~(reserved matters)~~ on a planning permission.	+	* Approval of conditions on a planning permission.
	* Common land.		* Common land.
	* Community Infrastructure Levy.		* Community Infrastructure Levy.

Editor at 11:54, 29 June 2017

2017-06-29T11:54:55Z

← Older revision		Revision as of 11:54, 29 June 2017
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	On 4 November 2014, the government announced that it would introduce secondary legislation to allow the deemed discharge of planning conditions where they are not discharged by a local planning authority within a reasonable time. See Deemed discharge of planning conditions for more information.		On 4 November 2014, the government announced that it would introduce secondary legislation to allow the deemed discharge of planning conditions where they are not discharged by a local planning authority within a reasonable time. See Deemed discharge of planning conditions for more information.

−	In May 2016, the Planning and Infrastructure Bill set out plans to limit the use of planning conditions that are a pre-requisite to starting work on site. Housing and planning minister Brandon Lewis said "I am aware of cases where half of the conditions attached require further agreement from the local authority. These are planning permissions that have been given the green light for building, but it can take months or even years to resolve these conditions. Many Members of all parties will have had residents affected or seen for themselves examples of sites for which permission has been granted, yet they have not been built on. It is most frustrating for a community to see that, and we need to put an end to it."	+	In May 2016, the Planning and Infrastructure Bill set out plans to limit the use of planning conditions that are a pre-requisite to starting work on site. Housing and planning minister Brandon Lewis said:
		+
		+	"I am aware of cases where half of the conditions attached require further agreement from the local authority. These are planning permissions that have been given the green light for building, but it can take months or even years to resolve these conditions. Many Members of all parties will have had residents affected or seen for themselves examples of sites for which permission has been granted, yet they have not been built on. It is most frustrating for a community to see that, and we need to put an end to it."

	On 7 December 2016, the [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/577341/20161213_-_Condition_ConDoc_Gov_t_Response.pdf Government response to the consultation on improving the use of planning conditions] confirmed that six types of condition will be prohibited by secondary legislation:		On 7 December 2016, the [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/577341/20161213_-_Condition_ConDoc_Gov_t_Response.pdf Government response to the consultation on improving the use of planning conditions] confirmed that six types of condition will be prohibited by secondary legislation:
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	* Agent of change.		* Agent of change.
		+	* Approval of conditions (reserved matters) on a planning permission.
	* Common land.		* Common land.
	* Community Infrastructure Levy.		* Community Infrastructure Levy.