Necessity and validity of planning conditions

When a local planning authority (LPA) grants planning permission for a particular development, it may do so on the basis of having imposed certain conditions which must be adhered to if permission is to be granted.

This may, for example, enhance the quality of the development or functionality of the development, or allow developments to go ahead which otherwise would have been refused planning permission.

If an applicant refuses to adhere to a planning condition, the LPA can serve a breach of condition notice. If the applicant subsequently breaches the notice, they will be committing an offence and may be open to summary prosecution.

Typical examples of planning conditions can include:

• The development hereby permitted shall be begun before the expiration of five years from the date of this permission;
• The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building;
• Development shall not begin until drainage works have been carried out in accordance with details to be submitted to, and approved in writing by, the LPA;
• No pneumatic drills shall be operated on the premises before/after the following times [times will normally be specified for weekdays, weekends and Bank Holidays];
• The building shall not be occupied until a means of access for pedestrians has been constructed in accordance with the approved plans;
• No dwelling shall be occupied until space has been laid out within the site (in accordance with the plan attached) for 20 bicycles to be parked;
• No building on any part of the development hereby permitted shall exceed six storeys in Height;
• The site shall only be used as a petrol filling station, and no part shall be used for the sale, display or repair of vehicles.

For more information see: Planning conditions.

Generally, LPAs have very wide powers to impose conditions when granting planning permission. But Article 22 of the Town and Country Planning (General Development Procedure) Order 1995 states that an authority which imposes conditions on the granting of permission for a development must state the reasons for their decision, and there are six criteria which a planning condition should meet for it to be considered valid in the courts. These are:

• Necessary;
• Relevant to planning;
• Relevant to the development to be permitted;
• Enforceable;
• Precise, and
• Reasonable in all other aspects.

[edit] Related articles on Designing Buildings Wiki

• Approval of conditions on a planning permission
• Extensions to time limits for implementing existing planning permissions.
• How long does it take to get planning permission.
• How long does planning permission last.
• Outline planning application.
• Party structure notice.
• Planning condition.
• Planning obligation.
• Planning permission.
• Reserved matters in planning permissions.
• What approvals are needed before construction begins.