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DECISIONS

 REVIEWING THE PLANNING CONDITIONS

Planning conditions are applied to decision notices in order to specify certain works that are required or to limit the scope of the permission you have obtained.

The range of conditions is extensive. They are generally either standard conditions, which are applied to all similar applications, or those that are more specific to the development you propose.

Planning Authorities often have a schedule of standard conditions and you may see these referred to in the Officers Report to committee as a series of numbers or letters or written out in full.

The various conditions attached to your decision notice MUST be complied with. They are there to ensure the proper implementation of your permission and failure to comply can result in Enforcement Action for Breach of Condition. There is no right of appeal against a breach of condition notice.

Some conditions may require works to be completed before the development can be started; others - such as landscaping requirements - may follow implementation and necessitate ongoing attention for a period of time.

 In all cases planning conditions do not absolve you from obtaining other necessary consents for Advertisements, Building Regulations, or other legal or technical permissions.

Variations and Removal of Conditions

There may be aspects of the conditional permission that you consider are unacceptable or require alteration. Perhaps conditions attached to an existing permission require alteration due to a change in circumstances.

You should have given the Council enough information with your planning application to ensure that unacceptable conditions are not put to the committee. However, they may decide to attach conditions in the interests of good planning that affect the workability of your development. For example, a limit on evening trading for a restaurant or café may be crucial to the success of the business, but accord with Council policy in the area.

Very minor changes to the approval may be acceptable to the Council as a Minor Modification and dealt with by way of an exchange of correspondence.

More substantial alterations will require another planning application to vary or remove an unsuitable condition.

 You may appeal against a planning condition within 6 months of the date of the decision. [See Appeals]

Planning Conditions should comply with guidance contained in Government Circular 11/95 - "THE USE OF CONDITIONS IN PLANNING PERMISSIONS". [Document link Circular 11/95]

This guidance note not only outlines the law on this issue, but provides a guide to conditions that are considered to be acceptable and those that are viewed as unacceptable.

Conditions must generally be RELEVANT to planning issues and relevant to the development to be permitted. They must be ENFORCEABLE. Conditions must therefore be PRECISE and REASONABLE. Authorities may not apply conditions deliberately contrived to prevent the development taking place.

A condition may require certain works over land or property that is not within the applicants' control. This does not necessarily make the condition invalid.

 You should be very careful about challenging conditions and always discuss the matter first with the planning department or professional advisor. If you appeal, the Planning Inspector may decide that the condition is so fundamental that, without it, the planning permission should be refused. He could equally consider the whole proposal unacceptable [ see APPEALS].

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