Planning Condition Compliance

Updated on 13th July 2018 in Planning Permission
2 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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1 on 5th July 2018

I imagine you’ve pointed out the similar developments to the planning officer? and listed those planning consents? (And there are similar developments?) – Although I’d need to see the planning permission I’d say that although this seems to be a pre-commenncement condition it is not a true condition precedent. You should set out precisely why (with a measured plan) the cycle parking is impracticable at the front garden and if necessary submit an application ‘not to comply with that condition or to vary it) – If you are right the planning inspector will approve your application and you may well have a ‘costs application’ against the Council for unreasonable behaviour.

on 13th July 2018

Hi Matwils and Rick,

In answer to Matwils’ question, you could appeal against the conditions of the council that you consider unreasonable. When appealing or commenting on an appeal you need to consider government planning guidance and the relevant policies, hence, your appeal needs to explain why your proposal complies with these and appropriate grounding for appeal. Particularly, your appeal should express your views clearly, succinctly and logically. You could also provide further illustrative materials such as plans or photographs.

 

Otherwise, you could also apply for approval of details reserved by a condition. This application will be necessary where a condition in a planning permission or a listed building consent requires details of a specified aspect of the development which was not fully described in the original application.

You can apply by writing a letter to your authority detailing the permitted application, the condition(s) you wish them to approve, and details of how you intend to meet those conditions. These examples could be details of the materials to be used or style of the work, or measured plans showing the cycle parking would be physically impossible in the front garden as the council officer insisted. If there are similar development in your area, you could also mention them showing there would have serious harmful cumulative impact on your neighbour. You should also include contact information so that the authority can respond to your application.

But please noted that, there are no national requirements for applications for the approval of details reserved by condition except that they should be made in writing and that the authority should determine them within 8 weeks of the application being validated. Individual authorities may have ‘local level requirements’ that require certain information or supporting documents (such as plans or photographs) to be submitted with the application. These requirements should be available to view on the authority’s website or can be confirmed by contacting the authority directly.

You could find further information on “Application for approval of details reserved by condition following grant of planning permission or a listed building consent” on Planning Portal website here: https://www.planningportal.co.uk/info/200126/applications/60/consent_types/12

I hope this may help you.

Best regards,

Vi P

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