Conditions Outside of Red Line - Public forum - Planning Advisory Service (PAS)
Conditions Outside of Red Line
LOUISE DOYLE, modified 3 Months ago.
Conditions Outside of Red Line
New Member Post: 1 Join Date: 21/01/24 Recent PostsIn 2020 a landscaping condition was attached to a planning consent. The area concerned/to be landscaped fell outside of the red line (although was still in the ownership of the applicant). Elements of the landscaping condition required compliance prior to first use of the new development.
It was not a Grampian Condition. Was it lawful to impose conditions upon land falling outside of the red line?
Second question if I may relating to the same. Following non compliance with the Condition a BCN was issued in 2023 and the compliance period expired April 2023. Is it still possible to proceed with summary prosecution even though 9 months have now passed without an application to magistrates court?
Welcome the thoughts of the collective hive.
Thank you
Paul Courtine, modified 2 Months ago.
RE: Conditions Outside of Red Line
New Member Posts: 4 Join Date: 29/03/21 Recent PostsProsecution certainly is still possible, as section 187A(8) says that can happen "at any time" after the end of the compliance period.
As for your first question, it might well be possible to raise that as a defence if there is a prosecution.
richard white, modified 2 Months ago.
RE: Conditions Outside of Red Line
Advocate Posts: 212 Join Date: 26/11/18 Recent PostsI think the answer to 'was the condition lawful' is found in the words of S72 of the 1990 Act:
72Conditional grant of planning permission.
(1)Without prejudice to the generality of section 70(1), conditions may be imposed on the grant of planning permission under that section—
(a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the local planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;
Mark Mann, modified 2 Months ago.
RE: Conditions Outside of Red Line
New Member Posts: 8 Join Date: 19/06/14 Recent PostsI always considered that provided it was within the blue land, ie land within the control of the applicant near the applicaion site, then having a landscape condition covering this land was acceptable and enforceable. I have certainly used it on occassion.
Delaying prosecution for so long without good reason would not likely go down well. Unless of course the Council delyaed prosecution whilst they tried to negotiate with the developer to address the issue without recourse to the courts.
richard white, modified 2 Months ago.
RE: Conditions Outside of Red Line
Advocate Posts: 212 Join Date: 26/11/18 Recent PostsBlue lines are best practice but IMO not essential - S72 allows conditions on "any land under the control of the applicant" - no strict requirement for a blue line