Planning Conditions Guide

The Six Tests

Planning conditions must be: necessary, relevant to planning and the development, enforceable, precise, and reasonable in all other respects. Conditions that fail any of these tests can be challenged at appeal.

Types of Condition

Pre-commencement conditions must be discharged before any work starts. Pre-occupation conditions must be discharged before the building is occupied. Compliance conditions must be complied with throughout the development. Time-limit conditions set the deadline for starting development (typically 3 years).

Discharging Conditions

A formal application to discharge conditions should be made in writing to the LPA with the appropriate fee. The LPA has 8 weeks to respond. If no response is received, the condition is deemed discharged. Keep proof of submission.

Challenging Conditions

Unreasonable conditions can be challenged by appeal under section 78 of the TCPA 1990 (before commencement) or by application to remove or vary conditions under section 73. An appeal against conditions must be made within the same timeframe as the original decision.

Common Pitfalls

Starting work before pre-commencement conditions are discharged (invalidates the permission), not reading conditions carefully, missing time limits, and failing to keep records of condition discharge.

Related Topics: Enforcement, Appeals, Decision