Planning Condition Compliance

Updated on 17th March 2018 in Planning Permission
0 on 17th March 2018

Our planning consent has a condition attached which requires the location cycle parking spaces to be agreed with the council prior to the start of construction.

Our proposal is to put the cycle parking in the rear garden which fully meets the the wording of the planning condition and has been accepted by the council on other recent nearby developments.

The council is insisting that the cycle parking spaces are provided in the front garden, even though they physically don’t fit.

We are therefore at a stalemate with the council officer refusing to budge. Even after showing that what is being asked for is physically impossible, the council officer just keeps reiterating that the spaces must be in the front garden.

The condition must be satisfied prior to commencement and it is threatening our ability to start the project.

Can I appeal against the council’s unreasonable refusal to agree the condition?

Should I just start construction anyway as we have clear evidence of attempts to satisfy the condition in a reasonable way.

Any thoughts would be greatly appreciated!

Matt

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