Tag Archives: #townplanning

Understanding Planning Conditions

If you have received a planning approval it’s essential you know what conditions are attached, what they cover and how they can be complied with. Rather than refusing a planning application, a local planning authority (LPA) may grant permission subject to conditions, most approvals have conditions relating to the time frame to start a development and materials to be used, but often they have more and can vary between LPAs. This article from Northern Insight Magazine details the top 5 things to know about planning conditions.

1. The 6 Tests
Planning conditions should be kept to a minimum and only imposed where they are:

1. necessary; without the condition should the application be refused?

2. relevant to planning; does the condition relate to planning objectives and is it within the scope of the permission to which it is attached?

3. to the development to be permitted; Does the condition fairly and reasonably relates to the development to be permitted?

4. enforceable; would it be practicably possible to enforce the condition?

5. precise; is the condition clear to the applicant and others on what is required?

6. reasonable in all other respect; is the condition reasonable?

2. Removing or modifying conditions
If you don’t think that a condition imposed meets the 6 tests you can apply to the LPA to modify/remove the condition, the application fee for this process is £234. If an application is refused you do have the right to appeal the decision, regardless of the outcome of the appeal the original permission remains valid and it is only the condition which is removed or modified. There is a mechanism to appeal the imposition of a condition on the initial application without going through the process to remove or modify the condition; however, if you appeal at that stage there is a risk as the whole application is reconsidered and could be refused in entirety.

3. Pre-Commencement Conditions
Pre-commencement conditions are those imposed on the grant of planning permission which prevents a start on site until the conditions have been adhered to, this could be by submitting information for agreement or ensuring a specific action is taken. In its emphasis to boost growth and avoid delays the government have imposed that from October 2018 all pre-commencement conditions must be agreed with the applicant prior to approval, this includes during an appeal process. This does not apply to prior approvals as that is not a planning permission. However, be aware if you don’t agree to pre-commencement conditions your application is likely to be refused.

4. Approval of conditions
Conditions which require details to be submitted for approval (or in planning jargon discharged) can take up to 8 weeks from submission to the LPA, this additional time should be planned into your build schedule. The process to discharge conditions does require a fee to be paid to the LPA which is £34 for conditions relating to householder development i.e. extensions or £116 for other proposals. The charge is imposed for each submission; however, you can discharge more than one condition under the same submission.

5. Breach of conditions
If you carry out a development without compliance with a condition, enforcement action could be progressed by the LPA. A Breach of Condition Notice (BCN) could be served which would require compliance to the condition, there is no right of appeal against these notices and you could end up at a Magistrates Court. If you have been in breach of a condition for in excess of 10 years there maybe potential for you to be immune from enforcement action.

Conditions are imposed to avoid refusing an application, therefore don’t ignore them, if in doubt seek assistance from a Town Planning Consultant.

Planning Conditions
Top 5 things to know about Planning Conditions

What is Town Planning?

Edward Vaudin took over writing the Northern Insight magazine article this month, his piece on What Town Planning is informative and thought provoking.   A range of FREE EBOOKS are also available, one of which covers What is Town Planning.

Think about where you live, where is your local shop? Where is the nearest park? Where can you get something nice to eat? Are these places easy to get to? You would probably like to improve things where you live, maybe there needs to be more shops or things to do. Once you start thinking about these improvements, where would you put them? Where can they go? Apply this to other aspects of your local area like new homes for the growing population and you will start to realise how many important questions need to be answered about the places we live; these places have communities that have and will exist for years to come.

People are in general passionate about where they live. However, are they fully aware that the decisions made on ‘what goes where’ could impact the community for generations?

Over time, different people have voiced their ideas, some have succeeded, and some have failed, but throughout we have come together to work on a system that supports everyone, everywhere. As much as I find people passionate about the places they live, they see planning as somewhat of a mystery or a barrier. So, what is the system? What is town planning?

Town planning is what controls how we build our neighbourhoods, our towns, our cities, how we build our surroundings. Importantly how we shape our communities. Town planning sets guidelines to make sure developments do not have adverse effects on their surroundings. It also protects listed buildings – buildings that we have deemed important to heritage, culture and history. It is also important to protect our green spaces and countryside. Imagine if there were no rules on where you could build! Areas of Outstanding Natural Beauty could be disrupted with inappropriate development and habitats could be destroyed, driving away nature.

National planning policy is laid out in the National Planning Policy Framework; it provides guidance for how local plans should be made and how to approach supporting local needs by promoting sustainable development in terms of economic, social and environmental needs.

Of course, planning is a complicated machine with many cogs turning away at different speeds, meaning planning is controlled by different bodies at varying levels dependant on where you are. Town planning is mostly handled at a local level of government. Typically, local government has three tiers:
• County Councils;
• District, Borough and City Councils;
• Parish and Town Councils.

Most planning matters are handled by the second tier of councils; this can vary from place to place. Areas that have parish or town councils can provide more location specified plans called neighbourhood plans which form part of policy that are used to make decisions in planning.

Communities generally have Councillors to represent people and their aspirations in terms of how a place develops. Councillors may sit on planning committees to make decisions on planning applications and local plans, but all of us are responsible for shaping the area we live.

In my opinion engagement is the key to shaping communities without it the Town Planning system fails to be effective. If you’re asked for your views on a proposal or an emerging local plan take time to think of your vision for the area and needs of the community and have your voice heard by participating.

Town Planning Basics
What is Town Planning?