Could your authority improve its use of planning conditions?

Several local authorities (Maidstone, Welwyn Hatfield, Harrogate, Cheshire West and Chester) have recently sought the services of TRA to deliver in-house training on planning conditions.  

The aim of our popular workshop The Use of Conditions: necessary, precise and enforceable is to improve the writing, use and enforcement of conditions and is aimed at staff who are involved in drafting, monitoring or enforcing them. Topics covered include:

  • meeting the legal tests for the use of conditions
  • using/reviewing "model" conditions 
  • the importance of giving sound and convincing reasons
  • s106 or condition?
  • handling s73 applications to vary/remove conditions.

The NPPF (July 2018) reminds LPAs that they should always consider whether an otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations (para 54).

It also requires LPAs to consider producing a local enforcement plan, not only to explain how they will deal with breaches of planning control but also to be proactive by setting out “how they will monitor the implementation of planning permissions” (para58). So this workshop also looks at issues regarding the monitoring and securing compliance with conditions, including:

  • monitoring issues
  • is a “pre-commencement” condition needed?
  • what is a “genuine” pre-commencement condition? What are the implications if it is not complied with?
  • different types of condition and immunity periods
  • use of Breach of Condition Notice (BCN) and Breach of Condition Enforcement Notice (BCEN).

This particular workshop is delivered by TRA Senior Associate, Vivien Green, and course feedback for recent sessions has been very complimentary: 

  • I feel the Presenter gave an extremely well informed and comprehensive assessment of the area.  Gave full and detailed responses to enquiries and overall well presented.  Graham Parkinson, Maidstone
  • As someone fairly new to the planning system, the workshop highlighted the importance of conditions and the consequences of poorly worded conditions. Raised some interesting thoughts, especially about pre-commencement conditions. Megan Harris, Swale
  • Very informative and enlightening. Has made me realise the amount of work we need to do. Very good use of case law and examples.  Chris Carter, Welwyn Hatfield
  • Very clear delivery, maintained interest, good pace. Excellent informative slides without reading too much of the text during the presentation. Good interaction and discussion. Mark Peacock, Welwyn Hatfield
  • Training was very clear about legislation and wording requirements in order to ensure conditions meet the relevant tests. Training very helpful and met expectations. Helen Goulden, Harrogate
  • Content and delivery was excellent. I now have a much better understanding of the use of conditions and know where I can improve.  Michelle Stephenson, Harrogate.   

If you would like to receive more information on running this workshop on an in-house basis, please contact Angela Holmes for a no obligation quotation.

Please note that this workshop is also running as part of TRA’s 2018/19 inter-authority programme on the 6th November in Manchester – see our website for details.