Planning Conditions

Conditions can be imposed on planning development to restrict or limit the development or the way it is carried out.

Conditions should be worded negatively wherever possible e.g. cannot build within 25 m of a badger sett.

Conditions can relate to the development site and to any land in the applicant's ownership.

Conditions can be subject to appeal by the applicant within six months of permission being granted.

Therefore, conditions should be relevant, reasonable and not intended to frustrate the purpose of the development.

Planning Obligations

Planning Compensation Act 1991 - Section 106 agreements

These can secure benefits to wildlife conservation where conditions would fail.

• Often apply beyond the development site.

• Must be enforceable.

• Can be positive or negative.

• Can include financial arrangements.

• Can be conditional on grant of planning permission

• Can be carried out by the Local Planning Authority and charged to the applicant.

• Should not duplicate conditions.

• Should be relevant and reasonable in scale and nature to the development.

• Should not be used to buy planning permission!

An example would be a developer agreeing to create a large area of broadleaved woodland on land adjacent to the development site.  This would be compensation for loss of a wooded area on the site.