Planning decisions

Planning and associated permissions are often granted with conditions attached. These are generally included to ensure the development is an acceptable one. They range from ensuring new brickwork matches the existing building to controlling the opening hours of a restaurant to protect neighbours amenities. Conditions must pass tests set by Central Government to ensure they are necessary, relevant and enforceable, and to avoid unnecessary or excessively onerous conditions.

The applicant has the right to appeal the imposition of a condition if it is considered that it is unreasonable. However, they are usually employed to ensure an unacceptable application can be made satisfactory. Circular 11/95 (on the Web site of the Department of Communities and Local Government) provides more detail about this issue. See the list of standard planning conditions for the conditions we most commonly use.

In addition to imposing conditions on the approval notice that must be complied with, we may also attach informatives, which seek to guide the applicant to other consents that might be necessary or confirm the drawing numbers on which the decision notice is based. Unlike conditions they are not statutory parts of the decision notice but the applicant is recommended to study them closely as they may assist in ensuring the development is properly carried out.