Beware undischarged planning conditions

12Sep09

Have you recently received a planning approval? If you have or are about to- check the conditions and do not just ignore them.

I have heard of a couple of recent cases where a Local Authority has taken action over works that have started on site prior to conditions being discharged. They have taken the view (which has been supported by case law) that if work starts before discharge of conditions this makes the development unlawful. As a result they have threatened enforcement action (to close down the site) and notified the client that they MUST make a completely new planning application if they wish to continue building.

So when you get your planning approvals through please check the small-print carefully and deal with the Conditions before starting work. If you don’t you could face delays and extra cost.

Graham

P.S For general information about planning rules and regulations go to the planning section of the designzone.