It’s not fair

Readers will be aware of the advice contained in the PPG which states that a negatively worded condition which prevents development proceeding until an obligation is entered into can be appropriate in exceptional circumstances and where it relates to one of the matters under consideration. In the appeal case reported in the Blog article Where there’s a will… the inspector decided that since the only obstacle which stood in the way of the proposed conversion of an office to a house under the GPDO proceeding was the need for an obligation to prevent future occupiers applying for or being entitled to a residents’ parking permit he was satisfied that such a condition was appropriate.

In (DCS Number 400-012-610), however, the inspector decided that the conversion of a shop in southwest London to two flats under the GPDO could not proceed in the absence of a legal agreement to prevent parking on the street from taking place. She observed that the area had a high demand for parking spaces and suffered from parking stress. The appellant stated that he would accept the imposition of a condition to ensure that it would be a car permit free development. The inspector noted, however, that the PPG states that only in exceptional circumstances can a negatively worded condition requiring a planning obligation or other agreement to be entered into before certain development can commence be imposed. She did not consider that the provision of only two flats in this location would be a complex and strategically important development.

These cases relate to development in neighbouring boroughs. The Blog is unconvinced that the decisions represent consistency in decision-making. If decision-making isn’t consistent it’s not fair.

The following DCP chapter is relevant: 10.312

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