Background: Pre-commencement planning conditions impose requirements on developers that must be complied with before building work can begin on an approved development. But the government has raised concerns that such conditions can delay development and drive up costs. Section 14 of the Neighbourhood Planning Act 2017 prohibits the granting of planning permission subject to a pre-commencement condition without the written agreement of the applicant to the condition’s terms, except in prescribed circumstances. This consultation paper seeks views on draft regulations setting out when a pre-commencement condition can be imposed without the written agreement of the applicant.
Key points: According to the consultation document, the government expects local authorities and applicants to discuss any planning conditions that may need to be imposed before a decision is made “in line with existing good practice”. Authorities may issue applicants with a notice setting out the terms of a proposed pre-commencement condition. Conditions can only be imposed if agreed in writing. If an applicant indicates disagreement, the condition cannot be imposed. The document states: “We expect that the local authority will share with the applicant any draft pre-commencement conditions at the earliest possible opportunity.”
If an applicant fails to provide a “substantive response” within ten working days of a notice being issued, the document says, written agreement will be deemed to have been given and permission can be granted with the condition attached. Substantive responses are defined as those stating that the applicant does not agree with the condition or providing comments. The document states that the government considers the ten-day period “to provide a suitable balance between avoiding undue delay where no response was received from the applicant, whilst allowing a meaningful time for applicants to consider the pre-commencement conditions proposed”.
Developers and local authorities are expected to engage in early and timely discussions on planning conditions, says the government. If an applicant does not engage in these discussions, notices are an opportunity for the council to provide reasons for any conditions and the case for these to apply pre-commencement. Notices must include the proposed conditions, full reasons why they need to apply pre-commencement and the date by which a response must be received.
Where agreement cannot be reached over a condition, authorities have three options: to grant permission without the condition; to seek written agreement to an alternative condition; or to refuse permission. The requirement to obtain the applicant’s written agreement to a pre-commencement condition also applies where applications are dealt with by the secretary of state after they are called-in, on behalf of authorities under special measures or when dealing with appeals.
The closing date for the consultation was 27 February.
The document can be found here.
Article originally appeared on Planning Resource
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