Belt and braces

“Planning conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects”, says Paragraph 206 of the NPPF.

Council planners might be advised to use a reusable putty-like pressure-sensitive adhesive to attach this paragraph to the top of their monitors when considering the conditions that might be attached to a planning permission, as inspectors are quick to strike out conditions which do not meet the tests.

A case in point is (DCS Number 400-013-187). In this case an inspector took just two-and-a-bit paragraphs to delete a condition attached to permission for an extension to a house in southeast London. The condition sought to ensure that the existing dwelling was not subdivided into two separate dwellings. The inspector pointed out, however, that the subdivision of a single dwelling house into two would be an act of development which requires full planning permission, irrespective of whether or not the condition was retained. The condition was unnecessary and unreasonable and was not required to ensure that the dwelling remained occupied as a single dwelling house, she concluded.

You don’t need braces if you already have a belt.

The following DCP chapter is relevant: 4.412

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