Conditions | HAD & CO

Navigating Planning Conditions with HAD & Co

Successfully obtaining planning permission is a significant achievement, but it often comes with 'conditions' that can impact your project. At HAD & Co, our team of former council planners offers unparalleled expertise in managing these conditions, ensuring your development can proceed smoothly and efficiently.

Modifying or Removing Unwanted Conditions (Section 73 Applications)

Even with permission granted, an unwelcome or unjustified condition can create unnecessary hurdles. Through a Section 73 application, we can assist you in modifying or completely removing such conditions. Our unique "insider knowledge" from years spent within local authorities means we can quickly identify when a condition lacks proper justification and build a compelling case to argue for its removal or variation on your behalf.

Discharging Planning Conditions: Keeping Your Project Moving

Many planning permissions include conditions that require further details to be submitted and approved by the council before work can commence or before specific phases of a project can begin. These are crucial steps that, if mishandled, can cause significant delays. Our experience allows us to efficiently manage the process of discharging planning conditions, helping you navigate council requirements swiftly and getting your development underway as quickly as possible.

Understanding Planning Conditions

What exactly are planning conditions? When a planning permission is granted, it is almost invariably accompanied by 'conditions.' These are stipulations that dictate how the approved development must be implemented. Their purpose is to ensure that the project adheres to local planning policies and addresses any potential impacts on the surrounding area. Conditions can cover a wide spectrum of requirements, from the choice of construction materials and landscaping plans to environmental protection measures and the precise timing of development phases.

What is a pre-commencement condition? A specific type of planning condition, known as a 'pre-commencement condition,' requires you to submit detailed information to the local authority for their approval before any physical work on site can begin. Compliance with these is mandatory to legally start your project.

Why are planning conditions imposed? Conditions are a vital tool for planning authorities, enabling them to make developments acceptable that might otherwise be refused. They act as safeguards, ensuring that projects align with both local and national planning policies and mitigate concerns related to traffic, noise, privacy, and visual impact, among others.

How do I identify conditions on my permission? All conditions pertaining to your planning permission will be clearly detailed in the official decision notice issued by the council. This document will outline each condition, explain its rationale, and specify the necessary steps for compliance.

Challenging and Appealing Conditions

Can planning conditions be challenged? Absolutely. If you believe a condition attached to your planning permission is unreasonable, irrelevant, impractical, or serves no clear planning purpose, you have the right to seek its modification or removal. This involves submitting a formal application to the council, supported by a clear justification grounded in relevant planning policies, legislation, and case law. Our team can provide invaluable assistance in preparing and submitting this crucial application. We invite you to utilize our free consultation to discuss your specific situation.

Is a planning consultant necessary for challenging a condition? While any applicant can technically apply to alter or remove a condition, the intricate nature of planning policies, legislation, and legal precedents often makes these applications complex. Engaging a specialist planning consultant, such as HAD & Co, ensures that your case is expertly prepared, robustly argued, and effectively managed. Our objective is to secure proper representation and a strong justification for your arguments. Schedule a free consultation to explore how we can assist.

What if my application to challenge a condition is refused? Should your application to remove or modify a planning condition be unsuccessful at the local level, you retain the right to lodge an appeal with the Planning Inspectorate. This independent government agency provides an impartial review of your case. The appeal process typically involves presenting detailed written arguments, potentially a site visit by an independent inspector, and a subsequent decision. As specialists in appeals, we are adept at justifying your case with precise reference to relevant planning policies, legislation, and case law. Please note, an appeal must typically be submitted within 6 months of the council’s refusal.

Consequences of Non-Compliance & Permitted Development Rights

What are the repercussions of not complying with a planning condition? Failure to adhere to a planning condition can lead to enforcement action from the council, often initiated by a complaint from the public. An enforcement officer will investigate, and if a breach is confirmed, actions can range from informal negotiation to rectify the issue, to the issuance of a 'Breach of Condition Notice,' which legally requires you to reverse the actions that caused the breach.

Can a planning condition remove my Permitted Development Rights? Yes, it is common for planning conditions to restrict or remove a property's permitted development rights. However, such conditions are not always justified by planning policy and may be imposed without sufficient scrutiny. If your planning permission includes a condition that impacts your permitted development rights, contact us for a professional opinion on whether this condition can be successfully challenged.