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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Today

Re: Situations where a condition requiring physical alterations could be a

Former Member, modified 12 Years ago.

Situations where a condition requiring physical alterations could be applie

I have a hypothetical situation where an application comes in for a change of use from say an A1 premises to an A3 cafe. The application is for change of use only and includes no proposed physical changes to the building, with the exception of a small extraction flue to the rear. Where the change of use in itself is acceptable, but where the existing shop or business frontage has poor design and / or is in poor condition, would a planning authority be justified in applying a condition, requiring a scheme for the improvement of the shop front to be submitted and approved, prior to the change of use being implemented? Essentially the condition would be used to ensure that the proposed development would meet all the relevant development plan policies, including those relating to design. I wonder if anyone has experience of a similar situation and / or whether they have an opinion on whether such a condition be likely to stand up at appeal?
Former Member, modified 12 Years ago.

Re: Situations where a condition requiring physical alterations could be a

The short answer is no .you cant use a condtiion to improve the shop front this would not meet the relevant tests for condtions detailed in circular 11/95
Former Member, modified 12 Years ago.

Re: Situations where a condition requiring physical alterations could be a

I agree with Martin ... the answer has to be NO! As one of the tests in the Circular is that a condition has to be relevant to the development to be permitted it's use to seek to extract some unrelated 'planning gain' would be inappropriate.