Planning conditions
What are planning conditions?
In order to exercise control over development, suitable conditions can be imposed. These will make the proposal acceptable when the only other alternative would be to refuse it.
What can conditions cover?
Conditions must have some specific purpose and not just be for the common good. They must not change the nature of the development applied for nor try to control something which is not properly a planning matter (e.g. who occupies a particular building). Conditions can only control the application site itself or adjoining land under the applicant's control.
Scottish Executive advice includes the sorts of conditions which will, and will not, be acceptable.
What if I don't like the conditions ?
Applicants can appeal against conditions which they consider are unjustified. Scottish Executive advice emphasises that conditions should only be imposed where they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise and reasonable in all other respects.
I've heard about planning obligations and Section 75 Agreements. What are they?
There may be times when we wish to control the impact of the development, but the desired restrictions go beyond the bounds conditions may cover.
In this case it is possible to enter into a legal agreement with the applicant and anyone else who has a legal interest in the land. This is called a 'planning obligation' or section 75 Agreement.
Can the agreement cover land outwith the application site?
The agreement can relate to land outside the application site and/or not under the control of the applicant.
A developer may, for example, be asked to contribute towards infrastructure costs arising out of the development. This could include new roads and sewers, or social amenities such as affordable housing, open space, or community facilities. These 'costs' should directly arise from approval of the development although this is not always easily identified.
Planning obligations should be directly related to the proposed development.
Where would I find out whether a planning agreement will be necessary?
Increasingly, we list appropriate obligations in site development briefs. The process is also colloquially known as 'planning gain' and often raises public concern that developers are trying to buy their planning permission. We would emhasise that planning permission will not be given simply because a developer promises to pay for some unrelated benefit, however much it is valued by the us or the local community.
