Types of Conditions
Planning permission is always approved subject to certain conditions being met. If you fail to discharge (meet) any of the conditions it could invalidate your planning approval and risk enforcement action.
Almost all approvals will have two common conditions;
- Commencing work within a specified time limit, in most cases this is 3 years from the approval date and completion within 5 years of approval.
- Building exactly to the plans you submitted with your application, which means the same dimensions and materials as specified in your application.
However, there is an almost infinite list of potential conditions that could be imposed. The most common conditions usually relate to materials, paving, parking, drainage and trees.
Pre-Commencement:
Some conditions need to be met before you start work, these are called pre-commencement conditions. Developers who start works before discharging these conditions will be in breach of the decision notice and risk enforcement action.
Pre-Occupation:
Other conditions need to be met during construction or before you occupy the building, otherwise it can be difficult to sell the units and will be picked up by conveyancers.
General Compliance:
There are also conditions that the developer must meet during construction such as the approved drawings and other that affect how future occupiers can use the building or restrict the use of building and even remove permitted development rights.
We are specialised in discharging conditions and reducing the onerous on the developer.
Removal of Conditions
Decision notices can have a number of onerous planning conditions that applicants can accidentially agree to or were not consulted on. Developers can also purchase properties that have been built out under old planning permissions and conditions have not been complied with or the conditions have become outdated by policy, legislation of the use of the land.
There is the potential that these conditions can be removed.
Landic Planning can review decision notices and give an opinion on the possibility of removing planning conditions and submit an application on your behalf to do so.
Varying Conditions
Sometimes planning conditions cannot be removed but the possibility of being amended. Any alterations to a scheme before works our undertaken or during construction works will need to be regularised by the submission of an application to amend the condition requiring the scheme to be built out in accordance with the approved plans and documents.
Conditions that require elements such a bin store to remain in perpetuity may also need amending.
Landic Planning can review decision notices and give an opinion on the possibility of varying the planning conditions and submit an application on your behalf to do so.
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