Planning Inspectorate Model Conditions
At a meeting between the Planning Inspectorate and the Planning Officers Society earlier this year it was agreed that it would be helpful for Local Planning Authorities and Inspectors if the Planning Inspectorate published a list of model conditions to supplement those in Circular 11/95, and joint Welsh Officer Circular 35/95. The conditions are not exhaustive and do not cover every situation where a condition may be imposed. Their applicability will need to be considered in each case against the tests in Circular 11/95, and joint Welsh Office Circular 35/95 and the wording may need to be amended to address the individual circumstances of the case. Where more than one condition is listed under a heading these are intended to be alternatives.
Conditions
- Access
- Advertisements
- Affordable Housing
- Car Free Housing
- Code for Sustainable Homes
- Conservation Area
- Caravans
- Construction Method Statement
- Decentralised Energy Supply
- Details
- Garage/Car Spaces
- Glazing
- Gypsy
- Hours of Use
- Listed Building
- Live/Work Units
- Noise
- Occupancy
- Parking
- Permitted Development Rights Restriction
- Planning Permission
- Shop Window Display
- Sustainable Urban Drainage
ACCESS – OBSTRUCTION OF SIGHT LINE
No structure or erection exceeding [ ] metres in height shall be placed [to the [east] of a line from [ ] to [ ]] [as shown on drawing No [ ]] [within the sight lines referred to in Condition [ ]].
To ensure removal after a temporary permission expires:
The [hoarding] hereby granted consent shall not be retained on the site after the expiry of [1 year] from the date of this decision.
To prevent a display being retained after its screening function has expired:
The advertisements permitted by this consent shall not be displayed on the site after the date of completion of building operations or after expiry of [one year] from the date of this decision, whichever first occurs.
To ensure proper screening as part of a poster display:
The timber security fencing on the [western] boundary of the site shall not be less than [2.4 metres] in height.
To restrict the illumination to opening hours:
The sign permitted by this consent shall only be illuminated during the opening hours of the premises to which it relates.
To ensure that the sign is not displayed at the same time as an existing approved one:
The sign permitted by this consent shall not be displayed at the same time as the sign granted express consent by the Council on ....
To limit the number of lights:
No more than [four] lights shall be used in association with the display of the illuminated sign hereby permitted. They shall be evenly-spaced along the frontage above the sign.
To restrict the intensity of the illumination on either or both amenity/public safety grounds:
The intensity of the illumination of the [sign] permitted by this consent shall be no greater than xx candela. (if a figure not mentioned in representations then say “within that recommended by the Institution of Lighting Engineers (for a sign within Zone ....) in their Technical Report No.5 (Third Edition-2001)”
To cover landscaping and maintenance of landscaping:
The advertisements permitted by this consent shall not be displayed until full details of [both] the [hard and soft] landscape works proposed [and also a schedule of landscape maintenance for the period of express consent] has been submitted to and approved by the Local Planning Authority in writing. The landscaping scheme shall be carried out within [3] months of the Local Authority's written approval and maintained in accordance with the approved schedule.
To specifically limit the display to fascia height (especially where appellant is willing to lower it from above the fascia):
The sign permitted by this consent shall not be displayed other than on the built fascia and no part of the sign shall exceed the height of the fascia.
AFFORDABLE HOUSING – PROVISION OF
The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of PPS3 or any future guidance that replaces it. The scheme shall include:
- the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than X% of housing units/bed spaces;
- the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing;
- the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ;
- the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and
- the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
CAR FREE HOUSING (This condition is only appropriate if a Controlled Parking Zone or similar traffic Order is either proposed or in force)
Before the development hereby permitted begins [or is occupied] arrangements shall be agreed in writing with the local planning authority and be put in place to ensure that, with the exception of disabled persons, no resident of the development shall obtain a resident’s parking permit within any controlled parking zone which may be in force in the area (define) at any time.
The dwelling(s) shall achieve a Code Level [state level] in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (or such national measure of sustainability for house design that replaces that scheme). No dwelling shall be occupied until a Final Code Certificate has been issued for it certifying that Code Level X has been achieved.
CONSERVATION AREA – PROTECTION OF FEATURES
Before any work hereby authorised begins steps shall be taken to secure the safety and stability of that part of the building [or architectural feature] which is to be retained. [Such steps shall, where necessary, include measures to strengthen any wall or vertical surface; to support any floor, roof or horizontal surface; and to provide protection for the building against the weather during the progress of the works].
CONSERVATION AREA - DEMOLITION
The works of demolition hereby authorised shall not be carried out before a contract for the carrying out of the works of redevelopment of the site has been made and planning permission has been granted for the redevelopment for which the contract provides.
No more than [ ] caravans shall be stationed on the land at any time.
No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:
- the parking of vehicles of site operatives and visitors
- loading and unloading of plant and materials
- storage of plant and materials used in constructing the development
- the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate
- wheel washing facilities
- measures to control the emission of dust and dirt during construction
- a scheme for recycling/disposing of waste resulting from demolition and construction works
Before the development hereby permitted is begun a scheme for generating X% of the predicted energy requirement of the development from decentralised renewable and/or low carbon sources (as defined in the glossary of Planning Policy Statement: Planning and Climate Change (December 2007) or any subsequent version) shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the development is first occupied and shall remain operational for the lifetime of the development.
DETAILS – COMPLIANCE WITH ALL PLANS
The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers [ ].
DETAILS – ESSENTIAL ITEM SHOWN ON PLANS
The development hereby permitted shall not be occupied until [stipulate the essential matter e.g. the boundary wall adjacent to No 23 has been constructed in accordance with details shown on submitted plan No X].
DETAILS – MATERIALS SHOWN ON PLANS
The development hereby permitted shall be constructed entirely of the materials details of which are shown on plan No [ ].
DETAILS - WHERE RETROSPECTIVE PLANNING PERMISSION IS GRANTED
The [use/activity]/[building/engineering/mining/other operations] hereby permitted shall [cease]/[be demolished to ground level]/[be removed] and all [equipment and materials brought onto the land for the purposes of such use]/[materials resulting from the demolition] shall be removed within **** of the date of failure to meet any one of the requirements set out in (i) to (iv) below:-
- within 3 months of the date of this decision a scheme for **** shall have been submitted for the written approval of the local planning authority and the scheme shall include a timetable for its implementation.
- if within 11 months of the date of this decision the local planning authority refuse to approve the scheme or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State.
- if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State.
- the approved scheme shall have been carried out and completed in accordance with the approved timetable.
NB: Sometimes "the scheme" will have elements in it that are required not just to be approved and implemented but thereafter maintained or retained, e.g. visibility splays kept permanently free of obstructions over 1m high, vehicle parking layouts kept available for the purpose, etc. A free standing condition is required to achieve that because the scheme condition becomes spent once implemented. e.g. "The visibility splays approved in accordance with condition X (i.e. the scheme condition) shall be maintained free of all obstruction over 1m high at all times".
DETAILS - WHERE RETROSPECTIVE PLANNING PERMISSION IS GRANTED (where matters to be approved are relatively straightforward)
Unless within [ ] months of the date of this decision a scheme for the [whatever works are required], is submitted in writing to the local planning authority for approval, and unless the approved scheme is implemented within [ ] months of the local planning authority's approval, the use of the site [or occupation for whatever] shall cease until such time as a scheme is approved and implemented.
If no scheme in accordance with condition [(x)] above is approved within [ ] months of the date of this letter, the use of the site [or occupation for whatever] shall cease until such time as a scheme approved by the local planning authority is implemented.
The [garage hereby permitted][car spaces to be provided] shall be kept available for the parking of motor vehicles at all times The garage/car spaces shall be used solely for the benefit of the occupants of the dwelling of which it forms part and their visitors and for no other purpose and permanently retained as such thereafter.
Before the first occupation of the building/extension hereby permitted the windows(s) at [ ] shall be fitted with obscure glazing and shall be permanently retained in that condition thereafter.
The site shall not be occupied by any persons other than gypsies and travellers as defined in paragraph 15 of ODPM Circular 01/2006.
GYPSY: AMENITY BLOCKS
Within three months of the date of this decision, details of the materials of the proposed toilet/utility blocks shall be submitted to the local planning authority. The blocks shall be erected in accordance with the approved details.
The erection of the amenity block hereby approved shall not take place until samples of the materials to be used in the construction of the external surfaces of the building have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
GYPSY: COMMERCIAL VEHICLES
No vehicle over 3.5 tonnes shall be stationed, parked or stored on this site.
No more than one commercial vehicle per plot shall be kept on the land for use by the occupiers of the caravans hereby permitted, and they shall not exceed 3.5 tonnes in weight.
GYPSY: INDUSTRIAL/COMMERCIAL ACTIVITIES
No commercial activities shall take place on the land, including the storage of materials.
No commercial activities shall take place on the land, including the storage of materials, except in the area shown on plan No. xxxx.
No materials shall be stored above a height of X, no burning of materials shall take place on the site and no commercial activities shall take place outside the hours of **** to **** Monday - Saturday and not at all on Sundays.
GYPSY: PERSONAL
The occupation of the site hereby permitted shall be carried on only by the following and their resident dependants: (add names).
When the land ceases to be occupied by those named in condition x above the use hereby permitted shall cease and all caravans, structures, materials and equipment brought on to the land in connection with the use including the amenity block hereby approved, shall be removed. Within x months of that time the land shall be restored in accordance with a scheme previously submitted to and approved in writing by the local planning authority.
GYPSY: SITING OF CARAVANS
No caravan shall be brought onto the site until details of its intended siting have been submitted to and approved by the local planning authority in writing. The caravan(s) shall only be positioned in the approved location(s), unless otherwise agreed in writing by the local planning authority.
No caravan shall be stationed on the land other than within the area shown hatched black on plan xxx attached.
The caravans shall be sited in accordance with plan No:
Any material change to the position of a mobile home, or its replacement by another mobile home in a different location shall only take place following the written agreement of the Council.
GYPSY: NUMBER AND TYPE OF CARAVANS
No more than x caravan(s), as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968 (of which no more than y shall be a static caravan or mobile home) shall be stationed on the site at any time.
The residential use hereby permitted shall be restricted to the stationing of no more than x caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, at any time (of which no more than y shall be a static caravan or mobile home).
There shall be no more than x pitches on the site and on each of the x pitches hereby approved no more than two caravans, as defined in the Caravan Sites and Control of Development Act 1960 and the Caravan Sites Act 1968, shall be stationed at any time, of which only one caravan shall be a residential mobile home.
Any caravans positioned on the site shall be capable of being lawfully moved on the public highway, without division into separate parts.
GYPSY: SUBMISSION OF FURTHER DETAILS (where retrospective planning permission is being granted)
The use hereby permitted shall cease and all caravans, structures, equipment and materials brought onto the land for the purposes of such use shall be removed within [28 days] of the date of failure to meet any one of the requirements set out in (i) to (iv) below:
- within 3 months of the date of this decision a scheme for: [the means of foul and surface water drainage of the site; proposed and existing external lighting on the boundary of and within the site; improved visibility splays at the site access; the internal layout of the site, including the siting of caravans, plots, hardstanding, access roads, parking and amenity areas; and tree, hedge and shrub planting and where appropriate earth mounding including details of species, plant sizes and proposed numbers and densities; and/or any other matters to be specified] (hereafter referred to as the site development scheme) shall have been submitted for the written approval of the local planning authority and the said scheme shall include a timetable for its implementation.
- if within 11 months of the date of this decision the site development scheme has not been approved by the local planning authority or, if the local planning authority refuse to approve the scheme, or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State.
- if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted site development scheme shall have been approved by the Secretary of State.
- the approved scheme shall have been carried out and completed in accordance with the approved timetable.
- At the same time as the site development scheme required by condition x above is submitted to the local planning authority there shall be submitted a schedule of maintenance for a period of five years of the proposed planting beginning at the completion of the final phase of implementation as required by that condition; the schedule to make provision for the replacement, in the same position, of any tree, hedge or shrub that is removed, uprooted or destroyed or dies or, in the opinion of the local planning authority, becomes seriously damaged or defective, with another of the same species and size as that originally planted. The maintenance shall be carried out in accordance with the approved schedule.
GYPSY: TEMPORARY AND PERSONAL
The use hereby permitted shall be carried on only by Mr/s, her husband and children etc. and shall be for a limited period being the period of x years from the date of this decision, or the period during which the premises are occupied by them, whichever is the shorter.
When the premises cease to be occupied by Mr/s, her husband and children etc. or at the end of x years, whichever shall first occur, the use hereby permitted shall cease, all materials and equipment brought on to the premises in connection with the use [including the amenity block hereby approved] shall be removed and the land restored to its former condition in accordance with a scheme of work submitted to and approved in writing by the local planning authority.
GYPSY: TEMPORARY
The use hereby permitted shall be for a limited period being the period of x years from the date of this decision. At the end of this period the use hereby permitted shall cease, all materials and equipment brought on to the land in connection with the use shall be removed, and the land restored in accordance with a scheme previously submitted to and approved in writing by the local planning authority.
The use hereby permitted shall be discontinued and the land restored on or before the end of a period of x years from the date of this decision in accordance with a scheme previously submitted to and approved in writing by the local planning authority.
HOURS OF CONSTRUCTION/DEMOLITION
Demolition or construction works shall not take place outside ****hours to ****hours Mondays to Fridays and ****hours to ****hours on Saturdays and at no time on Sundays or Bank Holidays.
HOURS OF USE – RESTAURANT, ETC OPTION 1
The premises shall not be open for customers outside the following hours: -
[1100 - Midnight], Mondays - Fridays
[1100] Saturdays - [0100] Sunday mornings
[1700 - 2300] Sundays.
HOURS OF USE – RESTAURANT, ETC OPTION 2
No customer shall be permitted to be on the premises outside the following times:
[1100 - Midnight], Mondays - Fridays
[1100] Saturdays - [0100] Sunday mornings
[1700 - 2300] Sundays.
HOURS OF USE – RESTAURANT, ETC OPTION 3
The use shall not take place other than between the hours of: -
[1100 - Midnight], Mondays - Fridays
[1100] Saturdays - [0100] Sunday mornings
[1700 - 2300] Sundays.
LISTED BUILDING - ACCESS FOR RECORDING
The developer shall give the local planning authority X days advance notice of the start of any works and, for a period of [e.g. 14 days] before any work begins, reasonable access to the building shall be given to [name of person/body or] a person/body nominated by the local planning authority for the purpose of recording the building [or interior] by making measured drawings or taking photographs.
LISTED BUILDING – DEMOLITION BY HAND
The demolition of [specify] shall be carried out by hand [or by hand-held tools] only and the materials stored for re-use [specify].
LISTED BUILDING – DETAILED DESIGN
The [specify features] included in the works/alterations hereby approved shall be [specify design and/or materials].
LISTED BUILDING - ENABLING DEVELOPMENT
Before the [(new buildings)(dwellings) hereby permitted are occupied] [new use begins], the listed building [name] shall have been repaired and restored completely in accordance with the submitted plans [drawing Nos] and/or the schedule of works.
LISTED BUILDING – INCORPORATION OF FEATURES
The [architectural feature/location] shall be used/incorporated in the works/alteration/extension hereby authorised.
LISTED BUILDING – MAKING GOOD
Upon completion of the works hereby approved, any damage caused to the building by the works shall be made good within X months in accordance with a scheme submitted to, and approved by, the local planning authority
LISTED BUILDING – PRESERVATION OF FEATURES
The following [architectural features] shall be removed [under the supervision of a specialist contractor approved by the local planning authority] and stored in a suitable place to be agreed with the local planning authority.
LISTED BUILDING – PROTECTION OF FEATURES
Before any work hereby authorised begins, steps shall be taken to secure the safety and stability of that part of the building [or architectural feature] which is to be retained in accordance with condition [state number] above. [Such steps shall, where necessary, include measures to strengthen any wall or vertical surface; to support any floor, roof or horizontal surface; and to provide protection for the building against the weather during the progress of the works].
(1) The business floorspace of the live/work unit shall be finished ready for occupation before the residential floorspace is occupied and the residential use shall not precede commencement of the business use;
(2) The business floorspace of the live/work unit shall not be used for any purpose other than for purposes within Class [B1] in the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.
(3) The residential floorspace of the live/work unit shall not be occupied other than by occupiers of the business floorspace or any resident dependants.
No [specified machinery] shall be operated on the premises outside the following hours:-
[X -Y] Mondays - Fridays
[X - Y] Saturdays and not at all on Sundays or Public Holidays.
NOISE – PROTECTION OF INDIVIDUAL DWELLINGS
The building envelope of plot number[s] [ ] shall be constructed so as to provide sound attenuation against external noise, not less than [ ]dB(A), with windows shut and other means of ventilation provided.
NOISE – REMOVAL OF INDUSTRIAL PD RIGHTS
Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995, no further plant or machinery shall be erected on the site under or in accordance with Part 8 of Schedule 2 to that Order without planning permission from the local planning authority.
Each unit of the residential home hereby permitted shall be occupied only by:
- persons of state pensionable age; [or whatever age is considered appropriate];
- persons living as part of a single household with such a person or persons;
- persons who were living as part of a single household with such a person or persons who have since died.
No [dwelling] shall be occupied until space has been laid out within the site [in accordance with drawing No [ ]] for [number] cars to be parked [and for the loading and unloading of [number] vehicles] [and for vehicles to turn so that they may enter and leave the site in forward gear].
PERMITTED DEVELOPMENT RIGHTS RESTRICTION – FENCES, GATES, ETC
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re-enacting or modifying that Order), no windows/dormer windows [other than those expressly authorised by this permission] shall be constructed [on the [ ] elevation].
PLANNING PERMISSION – PREVENTING IMPLEMENTATION OF TWO SCHEMES (where two applications are being dealt with together and the decision maker does not object to them individually but does object to them both going ahead, a condition can be attached to each permission to prevent this)
The development to which this planning permission relates shall not be implemented if any part of the development for which planning permission was granted by the Secretary of State on [insert date] under appeal reference [ ] and pursuant to planning application reference no. [ ] is begun.
PLANNING PERMISSION OUTLINE – APPROVAL OF DETAILS (merger of C11/95 model conditions 2 and 3)
Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.
A window display shall be provided at all times in the window(s) fronting [ ] street.
SUSTAINABLE URBAN DRAINAGE (where a sustainable urban drainage scheme is required but nothing suitable has been proposed)
No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall:
- provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;
- include a timetable for its implementation; and
- provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
SUSTAINABLE URBAN DRAINAGE (where an appropriate sustainable urban drainage scheme has been submitted with the application and it is accompanied by an agreed implementation, management and maintenance plan)
No building hereby permitted shall be occupied until the sustainable urban drainage scheme for the site has been completed in accordance with the submitted details. The sustainable urban drainage scheme shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.
SUSTAINABLE URBAN DRAINAGE (where an appropriate sustainable urban drainage scheme has been submitted with the application but without details of implementation, management and maintenance)
No development shall take place until details of the implementation, maintenance and management of the sustainable urban drainage scheme have been submitted to and approved by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include:
- a timetable for its implementation, and
- a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme throughout its lifetime.
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