How long do planning conditions last?

[James Royston]

Good evening everyone.

 

I'm dealing with a site at the moment which was granted planning permission back in 2002. One of the conditions is, "(8) Trees and hedges within or on the boundary of the site shall be neither felled, topped or lopped except with the prior written approval of the Local Planning Authority, nor shall they be damaged or killed by fire or by the application of toxic or injurious substances."

 

There's no timeframe mentioned, so I was just wondering if anyone knew whether or not such a planning condition could continue in perpetuity?

 

Cheers,

 

James

[monkeybusiness]

  On 06/05/2021 at 19:47, James Royston said:

Good evening everyone.

 

I'm dealing with a site at the moment which was granted planning permission back in 2002. One of the conditions is, "(8) Trees and hedges within or on the boundary of the site shall be neither felled, topped or lopped except with the prior written approval of the Local Planning Authority, nor shall they be damaged or killed by fire or by the application of toxic or injurious substances."

 

There's no timeframe mentioned, so I was just wondering if anyone knew whether or not such a planning condition could continue in perpetuity?

 

Cheers,

 

James

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As far as I’m aware the planning conditions only last until the development they are conditions of is completed. 

[James Royston]

  On 06/05/2021 at 21:35, monkeybusiness said:

As far as I’m aware the planning conditions only last until the development they are conditions of is completed. 

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Yeah, that's what I thought too. But the LPA is saying otherwise, and I'm not a planning consultant.

[monkeybusiness]

What was the planning permission for?

[Chris at eden]

Conditions that relate to tree retention are usually limited to 5 years but in this instance they will say that.  I.e. no trees within a period of 5 years of the completion of the development shal be .........etc.  Completion is when it is signed off by building control. 
 

I have seen conditions that say for the life of the development though and this means while the site is used in accordance with this planning app.  I know of a Leyland Cypress hedge that is protected in this way as it is part of a bat mitigation strategy.  It’s used for foraging. They do say for the life of the development though. 
 

They don’t necessarily all cease when the build is finished.  But they could possibly have appealed against the six tests?  Don’t know where you would go now though, planning consultant I suppose. Also, what is the penalty?  It isn’t stated in the above text. 

 

[James Royston]

  On 06/05/2021 at 21:51, monkeybusiness said:

What was the planning permission for?

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It was for the demolition and construction of a house - all completed years ago. It seems weird that a planning condition like this could continue forever into the future.

[James Royston]

  On 06/05/2021 at 22:59, Chris at eden said:

Conditions that relate to tree retention are usually limited to 5 years but in this instance they will say that.  I.e. no trees within a period of 5 years of the completion of the development shal be .........etc.  Completion is when it is signed off by building control. 
 

I have seen conditions that say for the life of the development though and this means while the site is used in accordance with this planning app.  I know of a Leyland Cypress hedge that is protected in this way as it is part of a bat mitigation strategy.  It’s used for foraging. They do say for the life of the development though. 
 

They don’t necessarily all cease when the build is finished.  But they could possibly have appealed against the six tests?  Don’t know where you would go now though, planning consultant I suppose. Also, what is the penalty?  It isn’t stated in the above text. 

 

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I've seen the time limit ones before, as well as the 'for the life of the development', but this one has no timeframe. There's no mention of a penalty in the planning documents.

[monkeybusiness]

  On 07/05/2021 at 10:46, James Royston said:

I've seen the time limit ones before, as well as the 'for the life of the development', but this one has no timeframe. There's no mention of a penalty in the planning documents.

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What exactly have the LPA said to you in relation to any proposed works? Unless they give you written confirmation of their reason for preventing any works, it’s not a CA and there aren’t any TPOs then I can’t see how you could get into any trouble by cracking on tbh. The house is built/I assume was signed off so no contravention of any planning permission.

Fire up the 660 and crack on...

[James Royston]

  On 07/05/2021 at 10:55, monkeybusiness said:

What exactly have the LPA said to you in relation to any proposed works? Unless they give you written confirmation of their reason for preventing any works, it’s not a CA and there aren’t any TPOs then I can’t see how you could get into any trouble by cracking on tbh. The house is built/I assume was signed off so no contravention of any planning permission.

Fire up the 660 and crack on...

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Haha, I like your style. But nobody is wanting to do anything at this stage, the owner just wants to know what's protected and what isn't. 

[monkeybusiness]

  On 07/05/2021 at 11:19, James Royston said:

Haha, I like your style. But nobody is wanting to do anything at this stage, the owner just wants to know what's protected and what isn't. 

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I’d press the LPA for a definitive answer then personally. But that might force their hand into applying TPOs possibly...