This is an extract of our Planning Conditions And Obligations document, which we sell as part of our Commercial Property Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Commercial Property Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Elective: Commercial Property
Commercial Property Planning Conditions and Planning Obligations Planning Conditions imposed by LPA??
3 4 5
6 S.72(1) TCPA - gives power to LPA to attach conditions to the grant of planning permission Purpose: To regulate the development / use of land LPA follows government guidance = Circular 11/95 [contains model conditions]
Circular sets out 6 criteria that conditions must satisfy: Necessary
Condition duplicates the effect of other controls [e.g. tree preservation; pollution controls]
Relevant to planning
? R v Hillingdon - condition was not a planning purpose. "priority for those on council housing waiting list".
? Test of need: condition should be tailored to tackle a specific problem Relevant to the development to be permitted
E.g. ultra vires to require people on local authority's housing waiting list to get priority Enforceable
? Not occupied by students - not easily enforceable!
? is the condition poorly drafted. E.g. submit a plan - but does not say what happens after that!
? Is it unlikely that LPA can require scheme to be implemented
? Clarity Reasonable in all other respects
Not unduly restrictive
Avoidance of onerous requirements e.g. severe limitation on the freedom of owners to dispose of their property. [Para 36 circular]
Conditions depending on the action of others [Para 38 Circular]
? Case law = Newbury District Council v SEE = key case saying conditions should always be: a) For the planning purpose [R v Hillingdon - council housing case]
b) Fairly and reasonably related to the development c) Not manifestly unreasonable
? Article 31 DMPO 2010 = insists that every condition must be explained / have justification and that must be given to the applicant Appealing the conditions:
Appeal to DCLG 1
Buy the full version of these notes or essay plans and more in our Commercial Property Notes.