Planning Conditions
Introduction
Planning or related applications can be granted subject to one
or more conditions dependant on the type or nature of the
application. The Development Control Section often use standard
conditions although this does not preclude the use of non-standard
conditions. Conditions can be restrictive, informative or require
the submission of details. Planning conditions should be imposed in
accordance with national policy and have regard to the regional,
county and district policies.
Government circular 11/95 establishes a criteria for governing
the use of planning conditions. The circular can be viewed through
the Department of Communities and Local Government website.
View circular 11/95. There are 6 tests which should be applied
and can be summarised as follows:
- Necessary
- Relevant to Planning
- Relevant to the Development
- Enforcable
- Precise
- Reasonable
Appeal against the imposition of a condition
If you are unhappy or disagree with the Council's decision to
impose a particular condition or conditions you may appeal to the
Secretray of State via the Planning Inspectorate. It is advisable
to discuss your concerns with the Development Control Section prior
to taking this action, as the Inspectorate have the ability to
review the whole application afresh. Further details on the appeals
process can be gained from the Appeals page. Go to the Appeals page.
Standard Conditions
The Development Control Section often make use of standard
conditions, although this does not preclude the use of non-standard
conditions. The book of standard conditions can be downloaded via
the Useful Documents page. Go to the useful
documents page.
Compliance or Discharge of Planning Conditions
Many of the conditions imposed will require details to be
submitted and approved in writing by the Local Planning Authority.
A charge of £85 (£25 for domestic applications) is required for
written confirmation for compliance or discharge of any condition
imposed on a planning or related application. It should be noted
that the fee will be required for each submission. The Council will
aim to give a decision in writing within 8 weeks of submission,
should the decision take more than 12 weeks the appication fee will
be refunded.
The application form for this purpose can be downloaded from the
link below or an application can be submitted via the Planning
Portal.
Download an Application for approval of
details reserved by condition
