Friday, 11 January 2013

The joy of planning conditions

Drafting planning conditions is a skill and an art.  Then you look at Circ 10/95 (at least until Lord Taylor gets shut of it) and  start all over again.  

Had the misfortune to read one planning permission for 4 houses this morning- pretty simple and basic scheme which had the following variations on a theme.  Each is a separate condition. 

2 conditions said "the dwellinghouses shall not proceed above slab level until..." information was submitted and approved.

2 said "the dwellinghouses shall not be used until..." something was done.

1 said "the access shall be constructed to binder course before commencement of any dwellinghouse..."

2 said "any dwellinghouse shall not be occupied until.... " different things from those above preventing use were done.

1 said "Site clearance work and demolition shall not commence until the bat and bird house are built..." and went onto to state "and no demolition shall commence until a detailed mitigation scheme for demolition safety is first submitted to... )

To cap it all another one said "Unless otherwise approved development shall not begin until..."

Feel free to comment.

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