The range of conditions that can be imposed on planning permissions is wide and far-reaching often with implications that are not fully appreciated by an applicant at the time of the decision. Conditions can be both negative and positive i.e. to do or not do something. They can take affect at different stages of the development i.e. before, during or upon completion. All conditions however have to meet six tests in order to be valid, the tests are:
- Relevant to planning
- Relevant to the development to be permitted
- Precise and
- Reasonable in all other respects.
Many conditions can be simply discharged by the submitting and agreeing of further information such as a landscaping scheme. Where a condition imposes obligations that an applicant would like to change it may be possible depending upon the wording of the condition and the prevailing circumstances to make an application to the Local Planning Authority to vary or remove the condition. The process is very similar to a planning application and requires careful research, engagement with the authority and accurate submission to present a convincing case.