Q&As

Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural purposes be lawful? If a breach of condition notice is served what grounds are available for a judicial review?

read titleRead full title
Published on LexisPSL on 21/11/2017

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a condition on a planning permission requiring a building to be permanently removed from the land when no longer required for agricultural purposes be lawful? If a breach of condition notice is served what grounds are available for a judicial review?
  • Appeal against conditions
  • Judicial review against breach of condition notice

Whether a planning condition is lawful or not will depend on the circumstances of the case and the local planning authority (LPA)’s reasons for imposing the condition.

The National Planning Policy Framework (NPPF), para 203 states that LPAs should consider whether otherwise unacceptable development could be made acceptable through the use of conditions. It sets out six tests which must all be satisfied when the LPA decides to grant planning permission subject to conditions.

Planning Practice Guidance (the PPG) provides further advice on the meaning of each of the tests, set out below. Planning conditions must be:

  1. necessary—there must be a definite planning reason for the condition, ie it is needed to make the development acceptable in planning terms. If a condition is wider in scope than is necessary to achieve the desired objective it will fail the test of necessity

  2. relevant to planning—the condition must relate to planning objectives and be within the scope of the permission to which it is to be attached. It must not be used to control matters that are subject to specific control elsewhere in planning legislation (eg advertisement control, listed building consents, or tree preservation). Specific controls outside planning legislation may provide an alternative means of managing certain matters (eg works on public highways often require highways’ consent)

  3. relevant to the development to be permitted—the condition must fairly and

Related documents:

Popular documents