Planning Conditions

The list of ‘conditions’ attached to a planning permission can sometimes appear extremely onerous. Occasionally they are unreasonable.  Planning authorities are supposed to take great care to make them workable in any particular situation.  However, they are frequently prone to be difficult, particularly if they were very reluctant to grant planning consent in the first place, but they feel they have to in order to avoid an appeal that they will probably lose.

According to the National Planning Policy Framework (NPPF), planning conditions have to pass six tests, and so are meant to be:

a) necessary;
b) relevant to planning law;
c) relate only to the site in question;
d) enforceable;
e) not be designed to remedy other matters and
f) be precise.

If you think a planning condition you have had applied does not fulfill these requirements, it may be worth appealing it.  Even better is to engage with the local planning authority early and negotiate beforehand.  This way there may be no nasty surprises when the planning permission letter arrives.

If, however, you have gone beyond the date when an appeal may have been possible, it is always worth considering putting in a planning application to remove or vary a condition.  As always is the case with planning, you need to do your homework first, and take good planning advice from someone experienced in that aspect of the planning system.

Contact Charles at charlesholt@fcgagric.com or your local FCG office for more information.

Posted in Business Management, Lincoln.