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Planning Advisory Service (PAS)
Ouvert | En cours - juillet 2012 | Dernière modification - May

Planning permission granted but conditioned that it should be discontinued

Former Member, modifié il y a 13 années.

Planning permission granted but conditioned that it should be discontinued

We have just got planning approval but the condition states it should be discontinued in two years. Is this legal, or enforceable? Condition 1 The use shall be discontinued and the land cleared and restored no later than 1st May 2013 in accordance with details to be first approved in writing with the local planning authority. Reason There is insufficient evidence for the planning authority to assess whether the proposed use would be acceptable in perpetuity and the local planning authority wish to consider the effects of the proposed use in the light of its operation on the amenity of nearby residents in compliance with Policy EP1.3, "Control of Pollution".
Former Member, modifié il y a 13 années.

Re: Planning permission granted but conditioned that it should be discontin

Colin. You didn't say what the planning permission was for but yes, such a condition is both legal and enforceable. Assuming the permission relates to a use of land it is giving the planning authority the ability to assess the impacts of the use over a period of time (in this instance 2 years). The reason for the condition sets this out and relates the imposition of the condition to the relevant policy. Once the 2 years are nearly up you will need to reapply and the Council will, if the impact was acceptable, give you a permanent permission ... and if not, refuse permission for the continuation. If it's the latter, and you do not discontinue the use and restore the land, the breach of the condition will provided a route to enforcement action (unless you are successful at appeal). If you are not prepared to wait you could appeal against the imposition of the condition ... but I wouldn't advise it. You might end up loosing the entire permission. You could also consider an application to remove or vary it. Mike
Former Member, modifié il y a 13 années.

Re: Planning permission granted but conditioned that it should be discontin

PS ... are you in Stockport?