Poorly drafted planning conditions

Planning Advisory Service (PAS)

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

Former Member, modified 10 Years ago.

Poorly drafted planning conditions

Hello. I'm looking for the best example of a poorly drafted planning condition, one that fails any of the tests in the Circular, but particularly precison and enforceability! My favourite is still probably "The site shall be kept in a neat and tidy condition to the satisfaction of the Council"! I'm sure you can do better. Feel free to post here, or e-mail me directly at mh@mhplanning.co.uk

Regards, Mike Hyde

conditions enforcement

Richard Crawley, modified 10 Years ago.

Poorly drafted planning conditions

Expert Posts: 254 Join Date: 07/12/11 Recent Posts

Can I ask what this is about ?

While the link above goes to documents stored elsewhere, I'm not sure that this is within the spirit of the KHub.

Former Member, modified 10 Years ago.

Poorly drafted planning conditions

Hi Richard. I was running a recent training session on planning conditions, and was looking for examples of bad ones to show how not to draft them! Mike

Former Member, modified 10 Years ago.

Poorly drafted planning conditions

Hi it's a delegated decision report which [I disagree with] if it's a problem and you don't want it on the site that's fine [link removed]. If you are a planning expert I need some advice and I'm willing to pay for the advice. Regards Len Lowther

[edited by Richard a few moments later]

parking spaces

Richard Crawley, modified 10 Years ago.

Poorly drafted planning conditions

Expert Posts: 254 Join Date: 07/12/11 Recent Posts

Hello Len.

I can imagine it's frustrating but I think your language has gone slightly over the line we try to maintain around here.

I've removed one and edited another of your posts. There are some extremely helpful people around here, so if you are able to explain your predicament in a more measured way you may yet find assistance (paid or unpaid).

Richard

Former Member, modified 10 Years ago.

Poorly drafted planning conditions

Hi Richard thank you for your mail. Yes very frustrating to say the least I have spent 9 months and thousands of pounds fighting local government corruption. I will try again but I don't use forums blogs but will learn how they work. Regards Len Lowther

Richard Crawley, modified 10 Years ago.

Poorly drafted planning conditions

Expert Posts: 254 Join Date: 07/12/11 Recent Posts

It's not problem.

The advice I've given many dozens of time in the past, and it may be way too late for you, is to think of these things like an escalator.

You have to begin with the official complaint procedure.

Then, if you are unhappy, explain why to your councillor. If they are worth their salt they will force you to set out the harm you have suffered and what the council did wrong. Then your councillor gets a go.

Lastly there will be some kind of appeal process.

Then you're outside the council talking about ombudsmen and the rest of it.

But if you don't begin at the beginning you won't have given the council a fair chance and you won't have been forced to marshall your arguments and the relvant facts nice and neatly.