Interesting Planning Condition

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - This week

Former Member, modified 12 Years ago.

Interesting Planning Condition

I came accross the following condition recently - "Notwithstanding the terms of Sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997, the development shall commence within 1 year of the date of this consent, and shall be completed within 3 years of the date of this consent". I can live with the 1 year time limit (just about) but what about the 3 year completion period? If the permission is lawfully implemented ... but then not completed ... what happens? Can the development never be completed ... and could enforcement action be taken to 'undo' the works that had been undertaken to date?

Former Member, modified 12 Years ago.

Re: Interesting Planning Condition

Mike As you know a condition cannot require the completion of development. This can only be achieved through section 61 of the Scotland Act. The condition is void. If the permisison is acted upon then it could be argued that the permission itself is void. What are the development plan reasons for the imposition of the condition? What is the Planning Authority's intention here?

Former Member, modified 12 Years ago.

Re: Interesting Planning Condition

Martin. My thoughts exactly! The permission was implemented within the 1st year but was not completed by the 3rd ... in fact due to the current economic climate it still hasn't been! Can the developer now recommence work? I could apply for a LDC in respect of the works that have been done as they were undertaken more than 4 years ago ... but that still wouldn't allow the completion of the building. Dilemma! The only way forward that I can see is a new application. Aaaargh! Mike

Former Member, modified 12 Years ago.

Re: Interesting Planning Condition

Unless the LPA has communicated otherwise let them decide whether it is expedient to cause cessation of the development. If I were you I should start writing a film script so that you can produce another in the series - you know the ones I'm talking about - "Carry on Building"