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Agreement Of Pre-Commencement Conditions

2020/12/02 16:06

Legal advisors and other third parties may propose conditions to mitigate potential effects and make development acceptable from a planning perspective. It is up to the local planning authority (with the exception of the conditions for access to urban space and land use (development involving motorways) to decide whether such conditions should be taken, heading 2018). As with any condition, the parties involved should check whether all six tests are being carried out. Standard conditions are inappropriate, regardless of their necessity. Another aspect that must be taken into account with regard to the robustness of a planning authorization is the need to avoid the conditions that make protected European investigations the subject of planning (planning authorities are legally obliged to review this information at the time of the provision and, if not, the building permit could be legally subject to compensatory measures). The Government expects local planning authorities and candidates to debate, in accordance with existing good practices, the different planning conditions (including pre-departure conditions) that must be imposed during negotiations and before making a final decision. Local planning authorities should, as soon as possible, inform the applicant of the design conditions for advance planning. If the applicant confirms in writing his consent to a default condition, this condition may be imposed for the pre-scheme and the procedures established by the regulation do not apply. Planning practice guidelines suggest that a planning performance agreement could be used to set a timetable for discussions on the conditions and benefits that will result should be increased under the new regime. What is not clear in the regulations and, as far as I know, is progressing only in the NPPG, is what happens when the applicant challenges the pre-work condition within ten days. The regulations provide that the APA must go through the notification process when it intends to impose a precondition for the announcement. They do not seem to say, however, that the APA cannot impose the condition if a substantive but negative response has been given.

Clearly, the APA would only wish to do so if there is a valid reason to do so and, finally, the applicant clearly has the right to appeal, with costs if the APA is not in a position to support her case. The NPPG says that the LPA must change the trigger, should not use the condition (if not necessary, etc. according to the 6 tests) or whether it is necessary to have the condition to make the development acceptable. One way or another, it seems to me that there will be a call on the necessity of the condition. Landmark practice is often asked to discuss the steps necessary to meet the planning requirements for advance planning. Given that such conditions naturally delay the start of field work, there is often an urgent need to take on the tasks and prepare the documents to be provided in order to delay the review period by eight weeks.

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