A condition which stated that no signage could be erected at a cattery on Merseyside had a cat in hell’s chance, after an inspector found that it did not satisfy the tests for planning conditions (DCS Number 400-026-450).
The condition prevented the display of advertisements as otherwise allowed by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 on the front or side elevations of the appeal property, or within the front garden or on the front boundary wall.
The inspector recorded that Planning Practice Guidance sets out that conditions requiring compliance with other regulatory requirements that are subject to other primary legislation, such as the environmental protection, building control or highways acts, must not be used. Furthermore, conditions must not be used to control matters that are subject to separate planning regulations, such as advertisement control or tree preservation. He reasoned that a condition seeking to remove the ability to display advertisements in connection with the approved business enterprise as permitted by the Advertisement Regulations would clearly fall foul of the test regarding relevance to planning, being controlled by another regulatory regime.
The inspector deleted the condition from the planning permission.
The six tests for planning conditions are set out at section 4.412 of DCP Online.