UK: Planning conditions & conditions precedent
The consultation, which ended on 2 November 2016 sought to “address the urgent need to tackle the inappropriate use of ‘pre-commencement’ conditions” ...by... “introducing a power in the Neighbourhood Planning Bill to ensure that these conditions can only be used with the agreement of the applicant.” A number of responses to the consultation have now been received including from the Law Society’s Planning and Environmental Law Committee, The British Property Federation and the Planning Officers’ Society. The responses are mixed though a shared theme acknowledges the importance of using ‘proportionate and appropriate’ planning conditions. But what are planning conditions and do we really need them? Planning Conditions All local planning authorities are entitled to apply planning conditions to a planning approval. However, this must not be a ‘free for all’ to cover every eventuality. There are six tests that conditions must meet: Each condition must be:- Necessary i.e. without the condition the application would have to be refused
- Relevant to planning i.e. relates to planning objectives and within the scope of the application
- Relevant to the development i.e. fairly and reasonably related to the development to be permitted
- Enforceable i.e. the local planning authority must be able to enforce the condition
- Precise i.e. clear to the all interested parties
- Reasonable i.e. justifiable and proportionate given its context