Q&As

Can a Grampian condition be imposed in respect of works which require Planning Permission in their own right?

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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
Published on: 27 September 2022
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Grampian conditions and planning permission

Section 70 of the Town and Country Planning Act 1990 states that a local planning authority:

'…may grant planning permission, either unconditionally or subject to such conditions as they think fit.'

Paragraph 56 of the National Planning Policy Framework states that conditions must meet certain requirements:

'Planning conditions should be kept to a minimum and only imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.'

See Practice Note: The National Planning Policy Framework.

A condition that does not meet these requirements may be held to be unlawful. National Planning Policy Guidance (PPG) states that:

'Conditions requiring works on land that is not controlled by the applicant, or that requires the consent or authorisation of another person or body often fail the tests of reasonableness and enforceability.'

However, such conditions can be lawful, and a Grampian condition

Sarah Fitzpatrick
Sarah Fitzpatrick

Norton Rose Fulbright

Sarah is a leading practitioner in all aspects of planning law, she has been involved in some of London's most high profile developments, having acted for the Sellar Property Group in securing planning permission for the Shard, for the Olympic Delivery Authority on the Olympic Park and other non-London venues, and for Land Securities on its Victoria Estate, as well as having acted for claimants on compulsory purchase compensation claims including those relating to HS1, HS2, Crossrail, the Northern Line Extension and Thameslink. She has also acted for and against acquiring authorities and promoters of compulsory purchase orders (CPO) and development consent orders (DCO) including promoting Tesco's first retail led regeneration CPO, and acting for National Grid on their North Wales Connection DCO. Sarah also advises on smaller developments both within and outside London across the use classes, including securing planning permission on appeal for Amin Taha's award winning 15 Clerkenwell Close development, and a single new affordable home in the South Downs National Park. A consummate technician, Sarah enjoys drafting and negotiating complex legal agreements as well as providing strategic advice, undertaking planning application and EIA reviews, and advising on legal challenges and appeals.

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