Q&As

When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree protection measures cannot be addressed at reserved matters stage?

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Produced in partnership with Tracy Lovejoy of Lanyon Bowdler
Published on LexisPSL on 14/11/2019

The following Planning Q&A produced in partnership with Tracy Lovejoy of Lanyon Bowdler provides comprehensive and up to date legal information covering:

  • When outline planning permission imposes no conditions in respect of a particular issue (such as tree protection measures), does this mean that tree protection measures cannot be addressed at reserved matters stage?
  • Summary
  • Answer

For the purposes of this answer it is assumed that reserved matters are reserved. Outline and reserved matters conditions vary widely and considerations which apply to the example given, tree protection measures, may not necessarily apply to other conditions. The answer will vary depending on the actual subject of the condition that the local planning authority tries to address at reserved matters stage.

Summary

The basic principle is that conditions at reserved matters should relate directly to those reserved matters and conditions outlining or restricting the scope of the permission should be imposed at outline stage. An argument could be made that an authority should impose a condition which indicates that trees will be retained at the outline stage, as in the model conditions, even if it does not know which trees they are because it does not have the layout but generally it is only at reserved matters stage that sufficient details would come fo

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