CONDITIONS – COMPLIANCE, LEGALITY AND DISCHARGE

Conditions imposed within a Planning Permission often include references to building materials required to be used in a development, this requires developers or their agents to take samples of proposed building materials to local Planning Authorities for approval. This process can cause difficulties, as samples may often be lost, with the consequence that, several years later, no confirmation may be available indicating the acceptance of the materials which have actually been used in the development. Therefore, once permission is granted it is extremely important that the conditions attached to it are checked with great care and diligence. The foregoing is the simplest example.

Moreover, it is important that the Planning Consent is implemented within the time period allowed and that each Condition is formally discharged by a relevant planning application.

It is important to ensure that the conditions that have been imposed pass Government tests for the imposition of conditions as contained in the relevant Statutory Document (Circular 11/95). However, local Planning Authorities often regurgitate on their printouts of Decision Notices, conditions that are not necessary or required. Generally speaking conditions should be minimal and precise informatives, merely for noting.

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