Conditions Q & A DCP Section 4.4

The power given to planning authorities to impose conditions on planning permissions is an extremely important part of the development management process. A refusal of permission that did not involve consideration of the use of acceptable conditions to mitigate identified harm, or a permission that did not include suitable conditions to safeguard matters of planning importance, could well be subject to challenge in the courts, at appeal or perhaps a maladministration complaint to the Ombudsman. On the other hand, local authority imposition of conditions considered unreasonable for a complexity of reasons is also open to question. The whole system of conditional control is given teeth by the fact that breach of a condition may be the subject of enforcement action, as described at (4.512). The question of whether a permission may be preserved where there has been breach of a condition requiring certain things to be done prior to commencement (a condition precedent) is dealt with at 6.342). Following on from this are related issues of enforceability and the status of any remaining conditions attached to the permission.

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