Conditions imposed on a planning application approval - fight back

[Bancroft]

We have had a nightmare with the Conditions placed on us following approval of our planning application.

 

So much so that I'm putting in a formal complaint about how/why they were imposed in the first place and how they have subsequently been staffed by the planning office.

 

Too late for us now, but for anyone who is in the early stages of planning approval/discharging of Conditions, it might be worth acquainting yourself with the government guidelines on planning conditions starting with https://www.gov.uk/guidance/use-of-planning-conditions

 

If going through this process again, the first thing I would do on being confronted with any Conditions from the planning department would be to go to that page and check each one against the six tests and other guidance shown.

 

Armed with that information I would then go back and confront the planners.  I have a strong feeling that most would crumble at the thought of being asked to explain their actions.

 

That could save you a lot of time, money and frustration.

[garrymartin]

I've asked for some to be removed in my appeal paperwork. It seems like the planning officers just randomly tick from a long list of standard conditions with no regard to the size, scale, or application circumstances.

 

As an example, I have landscaping conditions applied to my single dwelling that would be more appropriate to a large commercial scheme in terms of the detail of information required and the monitoring and commitments over a 5-year period! Everyone should definitely check their conditions carefully and challenge any that do not seem appropriate using the mandatory tests.

 

[nod]

44 minutes ago, garrymartin said:

I've asked for some to be removed in my appeal paperwork. It seems like the planning officers just randomly tick from a long list of standard conditions with no regard to the size, scale, or application circumstances.

 

As an example, I have landscaping conditions applied to my single dwelling that would be more appropriate to a large commercial scheme in terms of the detail of information required and the monitoring and commitments over a 5-year period! Everyone should definitely check their conditions carefully and challenge any that do not seem appropriate using the mandatory tests.

 

You can simply ignore many of the conditions Such as landscaping 

Exterior lighting reports etc etc 

Theres no one that comes and checks these conditions Certainly not BC 

[garrymartin]

26 minutes ago, nod said:

You can simply ignore many of the conditions Such as landscaping 

It's an Outline Application at this stage, so the conditions relate to information that I must provide and gain approval for at the Reserved Matters stage.

 

[Temp]

That's a fairly normal request. We had similar in 2005. It sounds like a lot but it's not so bad if you already have a site plan. It might be possible to do it all the yourself but they may want an arboriculturist to do it.

[Russell griffiths]

2 hours ago, garrymartin said:

It's an Outline Application at this stage, so the conditions relate to information that I must provide and gain approval for at the Reserved Matters stage.

 

There’s nothing there that a simple tree report would not cover, and a couple of pages of text highlighting what you intend doing. 
£1200 would see it done assuming your only talking about a building plot of an acre or less. 

[garrymartin]

17 minutes ago, Russell griffiths said:

There’s nothing there that a simple tree report would not cover, and a couple of pages of text highlighting what you intend doing. 
£1200 would see it done assuming your only talking about a building plot of an acre or less.

I get that - I just question whether it meets the six tests, especially the "reasonable..." one. If you look at the model conditions, they are much more straightforward...

 

"Approval of the details of the siting, design and external appearance of the building[s], the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced"

[Ed_]

I was asked for a demolition and construction environmental management plan. Something the neighboring 10 property development was not asked for and I couldn't find any other examples of a single property development being asked for this.

 

Unfortunately, I'd been too distracted by fighting to remove other unnecessary conditions like an ecological impact assessment that my architect was just waving through.

 

I believe there is a conflict of interest as architects will often be able to charge to discharge preconditions so there is no interest in them trying to negotiate them away. Certainly not from mine. I regret not spending longer arguing them.

[nod]

5 hours ago, garrymartin said:

It's an Outline Application at this stage, so the conditions relate to information that I must provide and gain approval for at the Reserved Matters stage.

 

Your no choice with pre conditions 

Your survey will address these 

£1000 plus vat seems to be the going rate 

[Oz07]

You can discharge all pre conditions at once saving multiple app fees. If its outline at this stage can you not just submit these docs as part of your reserved matters and kill 2 birds.