PPG: Use of Planning Conditions

PPG: Use of Planning Conditions

What planning conditions can be imposed?

Planning conditions should be tailored to the specific development and site. They must satisfy the six tests set out in NPPF paragraph 47. A condition must be:

1. Necessary - Is the condition needed? Would it be reasonable to grant planning permission without the condition?
2. Relevant to planning - Does it relate to planning objectives and not to other regulatory regimes?
3. Relevant to the development to be permitted - Does it fairly and reasonably relate to the development for which permission is being granted?
4. Enforceable - Can the local planning authority enforce the condition? Is it possible to detect whether it is being complied with?
5. Precise - Is the condition clear to the applicant and anyone else reading the decision notice?
6. Reasonable in all other respects - Is the condition proportionate and not unduly onerous?

What is a pre-commencement condition?

A pre-commencement condition is one that must be discharged (approved) before any development can begin on site. The Town and Country Planning (Pre-commencement Conditions) Regulations 2018 require that the LPA must not impose a pre-commencement condition without the written agreement of the applicant, unless the applicant fails to respond within 10 working days.

NPPF paragraph 47 states that pre-commencement conditions should be avoided unless there is a clear justification. Examples of where pre-commencement conditions may be justified include: archaeological investigation, contaminated land remediation, and construction management plans.

How are conditions discharged?

To discharge a condition, the applicant must submit a formal application to the local planning authority. The application must include the information or details required by the condition, plus the applicable fee. The LPA has 8 weeks to determine whether the condition has been satisfactorily discharged. If the LPA fails to determine within 8 weeks, the condition is deemed discharged.

The fee for discharging conditions is currently 43 pounds per request for householder developments, and 145 pounds per request for other developments.

What happens if conditions are breached?

Failure to comply with a planning condition is a breach of planning control. The LPA can take enforcement action, which may include:
- breach of condition notice (BCN) - a notice requiring compliance within a specified period (no right of appeal)
- enforcement notice - a more formal notice which can be appealed
- stop notice - requiring immediate cessation of the activity in breach

It is a criminal offence not to comply with a breach of condition notice.