planning condition

13 Jun 2011
Reaction score
United Kingdom
needs some urgent advise regarding a planning condition.
A friend of mine has had his permission granted of new shop front and shutters.
one of the condition is
' Prior to the commencment of the development a sample of hereby approved a sample of the window frames shall be submitted and be approved in writing by the planning authority. The development shall be constructed in accordance approved details satisfaction of the planning authority'

Now my friend has been in to the planning office with the sample of the window frame and the secretary of the planning dept stated that you need to fill in a variation of condition form and pay the fees.

Im very confused is this a variation of condition??? Or is this wrong info given out???
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Should have appealed the condition as unreasonable and a fee generator
Should have appealed the condition as unreasonable and a fee generator

I would tend to agree with that especially if it is just a plain shopfront and if there is no real consistency on the streetscape.
Also if there are any other conditions that need satisfying make sure he deals with them all under one application.
Councils are very fond of this one nowadays and seem to be treating detailed planning applications like outline ones, and using it to generate revenue
I recently developed a property and very clearly in the application stated the pattern of bricks to be used along with the roof covering and window types to be used. They put a condition, that building couldn't commence until approval had been granted for those materials. When I went back to the planning officer, he claimed that he couldn't have been expected to have known what those materials looked like. We successfully argued that he should have asked in that case before granting permission and anyway what a feeble excuse, not knowing what a grey natural slate roof looked like nor the brick pattern that could be looked up in 2 minutes on the manufacturers website.
It's (slightly) interesting to note that where I've had applications granted on appeal, the Inspector has never attached any of these daft conditions. As it is, I've just spent the last two weeks arguing with one local authority about whether to put nastursiums and/or geraniums in the 6m² of planter that we're providing - oh and what colour to paint the timber bin store.
All the materials should be specified in the application, and on the drawings.

That stops any stupid conditions being made
I advise clients to save the money and not to bother with getting these stupid conditions discharged.
If it states 'brickwork to match existing/roof tiles to match existing' or similar on the plans, why bother?
Yet planning department storerooms are full of bricks and tiles.
I advise clients to save the money and not to bother with getting these stupid conditions discharged.

Not all conditions I hope.

Remembering that permission is not enacted unless all conditions are discharged.
Yes, I know - only those conditions expecting someone to lug building materials into the town hall.

(not that anyone from planning would actually go out and have a look, brick-in-hand).

I took a brick in for a client once, and a few weeks later got a letter back saying the brick was acceptable if it matched the existing.
Of course. What was I thinking? How could construction possibly commence on a multi-apartment complex before a planting scheme to 3 tiny planters had been fully resolved.

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