Conditions on a permission or consent
In order to make a proposal for works acceptable it is often necessary for the local planning authority to impose conditions on the exercise of the permission or consent.
Nature and Use of Conditions
The NPPF sets out the six principles for when conditions should be imposed. They are:
- relevant to planning;
- relevant to the development permitted;
- reasonable in all other respects.
Conditions that do not meet these criteria are liable to be challenged at appeal or through judicial review. Further guidance is provided in the planning practice guidance and a model set of conditions is contained in the appendix to circular 11/95 use of conditions in planning persmissions. However please note that the circular itself has been cancelled by the publication of the planning practice guidance.
Common Types of Condition
Statute (2) sets out some conditions that can be imposed on listed building consent and planning permission for relevant demolition in conservation areas.
The most common types of condition are those requiring:
- the preservation of particular features of a building consent or site, either as part of it or after temporary or permanent removal;
- making-good after works;
- reconstruction with the use of original materials so far as practicable;
- specified details of the works (whether or not set out in the application) to be approved subsequently by the local planning authority;
- demolition not to be commenced before a contract for the carrying out of works of redevelopment has been made and planning permission has been granted for that redevelopment (3);
- the time period in which the permit or consent may be implemented to be limited - the default is three years from the date of the decision;
- that the building or site is not to be beneficially occupied or reoccupied until all the works are complete to the satisfaction of the local planning authority;
- parts or the whole of the heritage asset to be recorded and the understanding of the asset’s significance to be published before it is lost, in accordance with a written scheme of investigation;
- that recording activities are to be completed before beneficial use of all or part of the site;
- the works being carried out to an agreed methodology;
- access to the site to be made available for the purposes of observing the works to ensure compliance with methodologies or to deal with unexpected discoveries;
- temporary protection of exposed elements;
- the development to be occupied for a particular use or subject to certain restraints on use so as to minimise predictable impacts from permitted development;
- the works to be removed and the building or site restored after a period of time – a temporary permission.
Also of interest...
Planning Permission in relation to listed buildings, conservation areas and other historic places.
Listed Building Consent
Works in a Conservation Area
Neighbourhood Development Orders
Scheduled Monument Consent
Development Consent and Heritage