The types of conditions which can be attached to a listed building consent are set out at section 17 of the Planning (Listed Buildings and Conservation Areas) Act 1990. As the local planning authority in Bath found out recently at appeal they do not include ‘plans conditions’ (DCS Number 400-031-581).
The application had sought to vary a plans condition of a listed building consent, the inspector recorded. He pointed out, however, that with reference to Section 17 there is no mechanism by which the council could have imposed the original condition. He determined that the condition was therefore invalid and, as a result, concluded that he had no alternative other than to dismiss the appeal on procedural grounds.
Section 27.14 of DCP Online relates to conditions on listed building consents.