As part of the 2nd Killian Pretty Review consultation package Communities and Local Government has recently published "Improving the Use and Discharge of Planning Conditions". This comprises draft policy to replace Circular 11/95 on the use of planning conditions, and a set of potential measures aimed at making the discharging of planning conditions more efficient.

To coincide with this consultation we have published for discussion this list of revised and consolidated model conditions. This will eventually replace the conditions currently in Appendix A of the Circular and the additional model conditions currently on our web site. The list is not exhaustive and does not cover every situation where a condition may need to be imposed. The applicability of the conditions will need to be considered in each case against the policy tests in the final version of "Improving the Use and Discharge of Planning Conditions".

We would welcome any comments that you may have on this list, as well as any suggestions for additional conditions. Please email your comments to Richard Holland by 19 March 2010.

ACCESS

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 [ ]].

Means of vehicular access to the permitted building shall be from ...................... Road only.

The building shall not be occupied until a means of vehicular access has been constructed in accordance with the approved plans.

The building shall not be occupied until a means of access for [pedestrians and/or cyclists) has been constructed in accordance with the approved plans.

Development shall not begin until details of the junction between the proposed service road and the highway have been approved in writing by the local planning authority; and the building shall not be occupied until that junction has been constructed in accordance with the approved details.

ACCESS FOR DISABLED PEOPLE

Before the development hereby permitted begins a scheme indicating the provision to be made for disabled people to gain access to [ ] shall have been submitted to and approved in writing by the local planning authority. The agreed scheme shall be implemented before the development hereby permitted is brought into use.

ADVERTISEMENTS

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)”

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 in writing by the Local Planning Authority. 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 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.

AERODROMES

The total number of aircraft movements shall not exceed [] per [period of time] except in an emergency.

Aircraft movements shall take place only between [hours of day) on [days of week), except in an emergency.

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.

AMENITY LAND

Provision of amenity land

None of the building operations hereby permitted shall be carried out on that part of the application site shown on the submitted/attached plan.

The details of the landscaping of the site required to be submitted shall include details of a scheme for the preservation or laying out of that part of the application site shown..... on the submitted/attached plan as amenity land.

Laying out of land allocated as amenity land

Before/within 12 months from the date when the change of use hereby permitted is carried out/any of the buildings permitted are occupied/any of the buildings permitted are first used for the purpose of [ ] the land shown on the permitted plan as [ ] shall be laid out in accordance with that plan as amenity land.

ARCHAEOLOGY - SITES OF ARCHAEOLOGICAL INTEREST [not scheduled or designated under 1979 Act].

No development shall take place until fencing has been erected in a manner to be agreed with the local planning authority, about [insert name of monument]; and no works shall take place within the area inside that fencing without the consent of the local planning authority.

The developer shall afford access at all reasonable times to any archaeologist nominated by the local planning authority and shall allow him to observe the excavations and record items of interest and finds. [Conditions should not require work to be held up while archaeological investigation takes place, though some developers may be willing to allow this.]

No development shall take place within the area indicated (this would be the area of archaeological interest) until the applicant or their agents or successors in title has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.

BALCONIES

The roof area of the extension hereby permitted shall not be used as a balcony, roof garden or similar amenity area.

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.

CARAVANS: SEASONAL SITES

[No caravan on the site shall be occupied] [No caravan shall remain on the site] between [date] in anyone year and [date] in the succeeding year.

No more than [ ] caravans shall be stationed on the land at any time.

CODE FOR SUSTAINABLE HOMES

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.

CONTAMINATED LAND [FOR LARGE AND/OR COMPLEX DEVELOPMENTS]

Site Characterisation

No development shall take place until an assessment of the nature and extent of contamination has been submitted to and approved in writing by the Local Planning Authority. This assessment must be undertaken by a competent person, and shall assess any contamination on the site, whether or not it originates on the site. Moreover, it must include:

(i) a survey of the extent, scale and nature of contamination;

(ii) an assessment of the potential risks to:

human health,
property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,
adjoining land,
groundwaters and surface waters,
ecological systems,
archaeological sites and ancient monuments;

2. Submission of Remediation Scheme

No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment has been submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, an appraisal of remedial options, and proposal of the preferred option(s), and a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

3. Implementation of Approved Remediation Scheme

The remediation scheme shall be implemented in accordance with the approved timetable of works. Within [Y ]months of the completion of measures identified in the approved remediation scheme, a validation report (that demonstrates the effectiveness of the remediation carried out) must be submitted to the Local Planning Authority.

4. Reporting of Unexpected Contamination

In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within [Z] days to the Local Planning Authority and once the Local Planning Authority has identified the part of the site affected by the unexpected contamination development must be halted on that part of the site.

An assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme, together with a timetable for its implementation, must be submitted to and approved in writing by the Local Planning Authority in accordance with the requirements of condition 2. .

The measures in the approved remediation scheme must then be implemented in accordance with the approved timetable. Following completion of measures identified in the approved remediation scheme a validation report must be submitted to and approved in writing by the Local Planning Authority in accordance with condition 3.

5. Long Term Monitoring and Maintenance

No development shall take place until a monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of [x] years, and the provision of reports on the same must both be submitted to and approved in writing by the Local Planning Authority.

Following completion of the measures identified in that scheme and when the remediation scheme is complete, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be submitted to the Local Planning Authority.

CONTAMINATED LAND [FOR SMALL AND/OR SIMPLE DEVELOPMENTS]

No development shall take place until a site investigation of the nature and extent of contamination has been carried out in accordance with a methodology which has previously been submitted to and approved in writing by the local planning authority. The results of the site investigation shall be made available to the local planning authority before any development begins. If any contamination is found during the site investigation, a report specifying the measures to be taken to remediate the site to render it suitable for the development hereby permitted shall be submitted to and approved in writing by the local planning authority. The site shall be remediated in accordance with the approved measures before development begins.

If, during the course of development, any contamination is found which has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures.

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

CONSTRUCTION METHOD STATEMENT

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

DECENTRALISED ENERGY SUPPLY

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.

DENSITY

The development hereby permitted shall not exceed a density of [ ] habitable rooms per hectare.

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.

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 decision, 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.

DRAINAGE (see also SURFACE WATER MANAGEMENT: SUSTAINABLE DRAINAGE SYSTEMS)

None of the dwellings shall be occupied until the [sewage disposal] [drainage] works have been completed in accordance with the submitted plans.

None of the dwellings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the local planning authority.

Development shall not begin until drainage works have been carried out in accordance with details to be submitted to and approved in writing by the local planning authority.

FUME EXTRACTION

Before the use hereby permitted begins, a scheme for the installation of equipment to control the emission of fumes and smell from the premises shall be submitted to, and approved in writing by, the local planning authority and the approved scheme shall be implemented. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer’s instructions.

GARAGE/CAR SPACES

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.

GLAZING – OBSCURED

Before the first occupation of the building/extension hereby permitted the windows(s) at [ ] shall be fitted with obscured glazing and any part of the window(s) that is less than 1.7 metres above the floor of the room in which it is installed shall be non-opening. The window(s) shall be permanently retained in that condition thereafter.

GYPSY: OCCUPATION

The site shall not be permanently 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 in writing by the local planning authority. The caravan(s) shall only be positioned in the approved location(s),.

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, his/her partner and children 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, his/her partner and children 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.

HEIGHT OF BUILDING

No building on any part of the development hereby permitted shall exceed [ ] storeys in height.

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 (INDUSTRIAL)

No machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times [ ] nor at any time on Sundays, Bank or Public Holidays.

HOURS OF DELIVERIES

No deliveries shall be taken at or despatched from the site outside the hours of [ ] nor at any time on Sundays, Bank or Public 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.

No amplified or other music shall be played in the premises outside the following times [ ].

LANDSCAPING

No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include [for example]:-

proposed finished levels or contours;
means of enclosure;
car parking layouts;
other vehicle and pedestrian access and circulation areas;
hard surfacing materials;
minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting, etc.);
proposed and existing functional services above and below ground (e.g. drainage power,
communications cables, pipelines etc. indicating lines, manholes, supports.);
retained historic landscape features and proposals for restoration, where relevant.

Soft landscape works shall include [planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; implementation programme].

Landscape works implementation

All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out before any part of the development is occupied or in accordance with the programme agreed with the local planning authority.

No development shall take place until details of earthworks have been submitted to and approved in writing by the local planning authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform.
Development shall be carried out in accordance with the approved details.

Details of any floodlighting shall be submitted to and approved in writing by the local planning authority before [the use hereby permitted commences] [and] [the building(s) is/are occupied]. Development shall be carried out in accordance with the approved details.

No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before [the use hereby permitted is commenced] or [before the building(s) is/are occupied] or [in accordance with a timetable agreed in writing with the local planning authority]. Development
shall be carried out in accordance with the approved details.

Landscape management plan

A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens, shall be submitted to and approved in writing by the local planning authority before occupation of the development or any phase of the development, whichever is the sooner, for its permitted use. The landscape management plan shall be carried out as
approved.

No development shall take place until a schedule of landscape maintenance for a minimum period of [ ] years has been submitted to and approved in writing by the local planning authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.

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 in writing 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].

LIVE/WORK UNITS

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;
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.
The residential floorspace of the live/work unit shall not be occupied other than by a person solely or mainly employed, or last employed in the business occupying the business floorspace of that unit, a widow or widower of such a person, or any resident dependants.

MATERIALS – MATCHING

The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building.

No development shall take place until samples of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

NOISE

………... [activities) shall not take place anywhere on the site except within building(s).
The condition should describe precisely the activities to be controlled as well as
the particular building(s) in which they are to take place. [The condition should describe precisely the activities to be controlled as well as the particular building(s) in which they are to take place.]

The building shall be [constructed/adapted] so as to provide sound insulation against internally generated noise of not less than ....... dB(A)', with windows shut and other means of ventilation provided.

The level of noise emitted from the site shall not exceed [A] dB between [11 and [11 Monday to Friday and [A) dB at any other time, as measured on the [specified boundary/boundaries] of the site at [location(s) of monitoring point(s). [Specify: A-noise level expressed as LAeq, T over a time period X (e.g. 1 hour). T=time of day]

No [specified machinery] shall be operated on the premises before [time in the morning) on weekdays and [time in the morning) on Saturdays nor after [time in the evening) on weekdays and [time in the evening] on Saturdays, nor at any time on Sundays or Bank Holidays.

Before [any] [specified plant and/or machinery) is used on the premises, it shall be [enclosed with sound-insulating material) [and) [mounted in a way which will minimise transmission of structure borne sound) in accordance with a scheme to be approved in writing by the local planning authority. [Advice should be appended 10 the permission indicating the sound insulation required, or the maximum permitted noise level at a specified monitoring point.]

Construction work shall not begin until a scheme for protecting the proposed [noise-sensitive development] from noise from the ........ has been submitted and approved in writing by the local planning authority; all works which form part of the scheme shall be completed before [any part of] the [noise sensitive development(s)] is occupied. [Authorities should give applicants guidance on the maximum noise levels to be permitted within or around the noise-sensitive development so as to provide precise guidelines for the scheme to be permitted.]

NOISE – HOURS OF OPERATION

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 PERMITTED DEVELOPMENT 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.

OCCUPANCY

Age limits

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.

Agricultural Workers

The occupation of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a widow or widower of such a person, and to any resident dependants.

Commercial or Industrial Building: Limitation on Occupancy

Until [normally not more than 10 years ahead] the premises shall be occupied only by a person, firm, company or other organisation which was, immediately before occupying the accommodation to which this permission relates, in occupation for at least [two] years of premises within the County of used as a [general or light industrial building] [warehouse] [office].

Staff accommodation

The occupation of the dwelling shall be limited to a person solely or mainly employed or last employed in the business occupying the plot edged red on the attached plan, or a widow or widower of such a person, or any resident dependants.

"Granny" Annexes

The extension (building) hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as [].

PARKING

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].

No [dwelling) shall be occupied until space has been laid out within the site [in accordance with the plan attached] for [number) bicycles to be parked.

The building shall not be occupied until the area shown .......... on the plan attached hereto has been drained and surfaced [or other steps as may be specified] [in accordance with details submitted and approved in writing by the local planning authority), and that area shall not thereafter be used for any purpose other than the parking of vehicles.

PERMITTED DEVELOPMENT RIGHTS RESTRICTION

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no garages shall be erected other than those expressly authorised by this permission)

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a road.

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].

PERSONAL PERMISSIONS

The use hereby permitted shall be carried on only by [name of person] and shall be for a limited period being the period (of.... years from the date of this letter, or the period) during which the premises are occupied by [name of person] whichever is the shorter.

When the premises cease to be occupied by [name of person] or at the end (of... .. years) whichever shall first occur, the use hereby permitted shall cease [and all materials and equipment brought on to the premises in connection with the use shall be removed].

PETROL FILLING STATIONS

The site shall only be used as a petrol filling station, and no part shall be used for the sale, display, or repair of vehicles.

The premises shall not be open for business, nor shall supplies of fuel be delivered thereto, outside the hours of [ ].

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 – TIME LIMIT FOR COMMENCEMENT OF DEVELOPMENT

The development hereby permitted shall begin not later than [three] years from the date of this decision.

PLANNING PERMISSION OUTLINE – APPROVAL OF DETAILS

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.

Application for approval of the reserved matters shall be made to the local planning authority not later than [three] years from the date of this permission.

The development hereby permitted shall begin not later than [two] years from the date of approval of the last of the reserved matters to be approved.

PLANNING PERMISSION - ACCORDANCE WITH APPROVED PLANS

The development hereby permitted shall be carried out in accordance with the following approved plans: (insert plan numbers).

The development hereby permitted shall be carried out in accordance with the approved plans listed in schedule [insert name or number of schedule of plans].

PLAY AREAS

The building shall not be occupied until the area shown on the plan attached hereto has been laid out in accordance with [specify relevant plan or drawing], and that area shall not thereafter be used for any purpose other than as a play area.

SERVICE ROADS

No [dwelling] shall be occupied until that part of the service road which provides access to it has been constructed in accordance with the approved plans

SHOP WINDOW DISPLAY

A window display shall be provided at all times in the window(s) fronting [ ] street.

STAGING OF DEVELOPMENT

The works comprised in [specified part] of the development hereby permitted shall not begin before the works comprised in [specified part] are completed.

STORAGE

[Scrap] material shall not be stacked or deposited to a height exceeding................. metres.

Where open air storage is permitted [where necessary to avoid a fire hazard].

No [timber] [propane or butane gas] shall be stored within metres of the [specified] boundary of the site.

SURFACE WATER MANAGEMENT: SUSTAINABLE DRAINAGE [where an appropriate sustainable drainage system has been submitted with the application and it is accompanied by an agreed implementation, adoption and management and maintenance plan]

No building hereby permitted shall be occupied until the sustainable drainage system for the site has been completed in accordance with the submitted details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the agreed management and maintenance plan.

SURFACE WATER MANAGEMENT: SUSTAINABLE DRAINAGE SYSTEMS [where an appropriate sustainable drainage system has been submitted with the application but without details of implementation, adoption, management and maintenance]

No development shall take place until details of the implementation, adoption, maintenance and management of the sustainable drainage system have been submitted to and approved in writing by the local planning authority. The system 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 effective operation of the sustainable drainage system throughout its lifetime.

TEMPORARY PERMISSION: REINSTATEMENT

[The building hereby permitted shall be removed] [The use hereby permitted shall be discontinued] and the land restored to its former condition on or before [date] in accordance with a scheme of work submitted to and approved in writing by the local planning authority.

TRANSPORT

Development shall not begin until details of the proposed [bus/railway] station(s) or stop(s) have been approved in writing by the local planning authority; and the building(s) shall not be occupied until [that/those] station(s) or stop(s) have been constructed in accordance with the approved plans.

TREES

Note: “Retained tree” means an existing tree which is identified in the plan and particulars as being retained.

Outline consent - Location of trees on and adjacent to development sites

1, The plans and particulars submitted in accordance with condition [ ] above shall include:

(a) a plan, to a scale and level of accuracy appropriate to the proposal, showing the position of every tree on the site and on land adjacent to the site (including street trees) that could influence or be affected by the development, indicating which trees are to be removed;

(b) and in relation to every tree identified a schedule listing:

information as specified in paragraph 4.2.6 of British Standard BS5837 - Trees in Relation to Construction - Recommendations);

any proposed pruning, felling or other work;

(c) and in relation to every existing tree identified to be retained on the plan referred to in (a) above, details of:

any proposed alterations to existing ground levels, and of the position of any proposed excavation, that might affect the root protection area (see paragraph 5.2.2 of BS5837)
all appropriate tree protection measures required before and during the course of development (in accordance with Clause 7 of BS5837)

(d) areas of existing landscaping to be protected from construction operations and the method of protection.

Full consent - Existing trees which are to be retained

2, No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with Clause 7 of British Standard BS5837 - Trees in Relation to Construction - Recommendations has been agreed in writing by the local planning authority. These measures shall be carried out as described and approved.

3, All tree work shall be carried out in accordance with British Standard BS3998 - Recommendations for Tree Work.

4, No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner within [1-5 years] from [the date of the occupation of the building for its permitted use], other than in accordance with the approved plans and particulars, without the prior written approval of the local planning authority.

5, If any retained tree is cut down, uprooted or destroyed or dies another tree shall be planted at the same place and that tree shall be of such size and species and planted, in accordance with condition [13], at such time as may be specified in writing by the local planning authority,.

6, No fires shall be lit within [10] metres of the nearest point of the canopy of any retained tree.

7, No equipment, machinery or structure shall be attached to or supported by a retained tree.

8, No mixing of cement or use of other contaminating materials or substances shall take place within, or close enough to, a root protection area that seepage or displacement could cause them to enter a root protection area.

9, No alterations or variations to the approved works or tree protection schemes shall be made without prior written consent of the local planning authority.

Site supervision

10, No works or development shall take place until a scheme of supervision for the arboricultural protection measures required by condition [2] has been approved in writing by the local planning authority. This scheme will be appropriate to the scale and duration of the works and will include details of: (select as appropriate)

Induction and personnel awareness of arboricultural matters
Identification of individual responsibilities and key personnel
Statement of delegated powers
Timing and methods of site visiting and record keeping, including updates
Procedures for dealing with variations and incidents.
The scheme of supervision shall be carried out as agreed.
The scheme of supervision will be administered by a qualified arboriculturist instructed by the applicant and approved by the local planning authority.

Provision for tree planting

11, No works or development shall take place until a full specification of all proposed tree planting has been approved in writing by the local planning authority. The specification shall include the quantity, size, species, and positions or density of all trees to be planted, how they will be protected and the proposed time of planting.

12, A schedule of maintenance of the trees until successfully established is to be agreed in writing with the local planning authority and implemented. The schedule shall include provision for replacement planting should establishment fail.

13, All trees shall be planted in accordance with the details and times stated in the specification required by condition [11] and in accordance with British Standard [BS4043 - Transplanting Root-balled Trees][BS4428 - Code of Practice for General Landscape Operations (excluding hard surfaces)].

14, If within a period of [ ] years from the date of planting the tree (or any tree planted in replacement for it) is removed, uprooted, destroyed or dies or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree of the same size and species as that originally planted shall be planted at the same place within the first planting season following the removal, uprooting, destruction or death of the original tree unless the local planning authority gives its written consent to any variation.

USE RESTRICTIONS

The premises shall be used for [specify use] and for no other purpose (including any other purpose in Class of 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).

The premises shall not be used for the sale of food for consumption off the premises other than confectionery.

PLANNING INSPECTORATE

December 2009