Revision date: 23 07 2019 See previous version What approach should be taken to using conditions? What should a local planning authority do to ensure that the tests in national policy have been met? This power needs to be interpreted in light of material considerations such as the National Planning Policy Framework, this supporting guidance on the use of conditions, and relevant case law.Ī pre-commencement condition must not be imposed on the grant of permission (other than a grant of outline planning permission within the meaning of Section 92 of the 1990 Act) without the written agreement of the applicant except in the circumstances set out in the Town and Country Planning (Pre-commencement Conditions) Regulations 2018. Section 70(1)(a) of the Act enables the local planning authority in granting planning permission to impose “such conditions as they think fit”. In some areas there may also be powers under local Acts which complement or vary the powers in the 1990 Act.
Powers to impose conditions on appeal are also given to the Secretaries of State or their Inspectors by sections 77, 79, 177, and Schedule 6 of the Act. The main powers are in sections 70, 72, 73, 73A, and Schedule 5 of the Town and Country Planning Act 1990. Revision date: 06 03 2014 What are the main legal powers relating to use of conditions? It is important to ensure that conditions are tailored to tackle specific problems, rather than standardised or used to impose broad unnecessary controls. The objectives of planning are best served when the power to attach conditions to a planning permission is exercised in a way that is clearly seen to be fair, reasonable and practicable. When used properly, conditions can enhance the quality of development and enable development to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects. Why and how are conditions imposed? Why are conditions imposed on a planning permission? If you’d like an email alert when changes are made to planning guidance please subscribe.
Where plans are being prepared under the transitional arrangements set out in Annex 1 to the revised National Planning Policy Framework, the policies in the previous version of the framework published in 2012 will continue to apply, as will any previous guidance which has been superseded since the new framework was published in July 2018.
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