Good morning all,
Currently in a situation whereby I need to try and understand some pre-commencement planning conditions and the way that they have been stipulated as required (and how they are handled) by the planning inspector (at the point of appeal to previously rejected planning permission). For a number of reasons I won't go into the details of where this is, nor the parties involved. But if there are any planning experts who can provide some interpretation what the following could mean then that would be really helpful for context. I won't hold you to anything that you suggest of course.
This excerpt is from the decision notice and written by the planning inspectorate. In particular I'd be interested to understand whether this should dictate to the LPA that they should enforce against any development that takes place prior to discharge of any pre-commencement conditions.
'120. The case for each of the pre-commencement conditions identified reflects the range of sensitivities characteristic of the site. In particular, I find the subject matters to be of sufficient significance such that it would be inappropriate for development to proceed without the certainty arising from the required arrangements.
121. The Framework makes clear that decision-makers should consider whether otherwise unacceptable development could be made acceptable through the use of conditions . For the reasons indicated, I find the scheme would not be acceptable in the absence of the provisions made by the stated conditions.
Conclusion
122. For the above reasons, the appeal is allowed subject to the conditions set out in the attached schedule.'
Many thanks in advance.
Currently in a situation whereby I need to try and understand some pre-commencement planning conditions and the way that they have been stipulated as required (and how they are handled) by the planning inspector (at the point of appeal to previously rejected planning permission). For a number of reasons I won't go into the details of where this is, nor the parties involved. But if there are any planning experts who can provide some interpretation what the following could mean then that would be really helpful for context. I won't hold you to anything that you suggest of course.
This excerpt is from the decision notice and written by the planning inspectorate. In particular I'd be interested to understand whether this should dictate to the LPA that they should enforce against any development that takes place prior to discharge of any pre-commencement conditions.
'120. The case for each of the pre-commencement conditions identified reflects the range of sensitivities characteristic of the site. In particular, I find the subject matters to be of sufficient significance such that it would be inappropriate for development to proceed without the certainty arising from the required arrangements.
121. The Framework makes clear that decision-makers should consider whether otherwise unacceptable development could be made acceptable through the use of conditions . For the reasons indicated, I find the scheme would not be acceptable in the absence of the provisions made by the stated conditions.
Conclusion
122. For the above reasons, the appeal is allowed subject to the conditions set out in the attached schedule.'
Many thanks in advance.
But now see that you've followed up with a bit more, so thank you.
