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Submit plansI have a question for Mike Dade.
In your book chapter 1 page 15 you mention “There are limits to the scope of conditions on a planning permission:they must be necessary, relevant,capable of being enforced by the council, precise and reasonable”.
I am currently buying a plot of land that is owned by the council. It has OPP with requirement for a passing place which in effect is widening of the road. You say this type of thing should not be on planning permissions. I assume there are guidelines given to planners to this effect. Please can you tell me if this is so and will it be possible for me to access these guidelines? I have the opportunity to argue against the requirement at reserved matters stage.
The pre-application meeting concluded the highways agency should confirm they are willing to adopt the passing place then I can proceed with detailed planning application, or confirm they are not willing to adopt so that I can proceed with an amendment (essentially removing it) on the current OPP. This was the suggestion of the planning officer at the meeting.
One month later and the Highways agency have not given a reply. Please can you help? Would this story make a good article in your magazine?
There is a written statement given by a Highways Officer for the OPP application where he states “The passing place is not necessary” .
Kind regards
Jeff Curson
(first time self builder)
Detailed advice on the imposition of conditions is given in Planning Practice Guidance, which you can find here http://www.gov.uk/guidance/use-of-planning-conditions#Application-of-the-six-tests Specific mention is made of giving land up to other parties, including the Highways Authority. I’m not clear whether the condition in question is seeking to get you to fund the passing space on others’ land, or whether it’s on your land? Either way, given the Highways Officer has stated ‘the passing place is not necessary’ then that provides compelling evidence that the condition fails the test of necessity.