Planning conditions—the six tests

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Planning conditions—the six tests
  • Powers to impose planning conditions
  • The six policy tests for planning conditions
  • Test 1—Necessary
  • Test 2—Relevant to planning
  • Test 3—Relevant to the development to be permitted
  • Test 4—Enforceable
  • Test 5—Precise
  • Test 6—Reasonable in all other respects
  • What redress is available if a planning condition does not pass all of the six tests?
  • More...

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak—see: Relaxing planning conditions during the coronavirus epidemic. For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

Powers to impose planning conditions

The general powers for local planning authorities (LPAs) to impose conditions on the grant of planning permission are set out in sections 70 and 72 of the Town and Country Planning Act 1990 (TCPA 1990), although statutory powers to impose conditions are also set out in TCPA 1990, ss 73, 73A, 96A and Sch 5 Pt 1. The Secretary of State (SoS) also has powers to impose conditions on appeal in TCPA 1990, ss 77, 79, 177 and Sch 6.

TCPA 1990, s 70 provides that where an application is made to the LPA for planning permission, the LPA may grant planning permission, either unconditionally or subject to such conditions as they think fit, or refuse planning permission.

TCPA 1990, s 72 provides that, without prejudice to the generality of TCPA 1990, s 70, conditions can be imposed on the grant of planning permission:

  1. for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application

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