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:
- Relevant to Planning
- Relevant to the Development
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 Secretary 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.
The Development Control Section often make use of standard conditions, although this does not preclude the use of non-standard conditions. Standard Planning Conditions (300K) - This booklet contains the standard conditions, informative notes and reasons for refusal in common use in the Development Control Section.
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 application fee will be refunded.