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CONTAMINATED-LAND-STRATEGIES  November 2009

CONTAMINATED-LAND-STRATEGIES November 2009

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Subject:

Re: Planning Conditions

From:

Paul Pearse <[log in to unmask]>

Reply-To:

Paul Pearse <[log in to unmask]>

Date:

Mon, 16 Nov 2009 11:46:31 +0000

Content-Type:

text/plain

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text/plain (81 lines)

Jason

I was part of the team that drafted the conditions. This started in the Planning Committee of the Standing Conference on Land Contamination. The idea was to have succinct enforceable conditions that reflected current practice. Conditions were drawn from individual councils and also CLOGs nationally. Where these had been adopted they had been checked by the respective planners. The conditions were drafted and went to the DCLG where the Planning Officers Association also checked and amended before they were published.

The standard conditions were done to update those in 11/95 and in PPS23. They are designed to be flexible and not necessarily included all together. They can be changed due to local circumstances.  They should also be used with the proviso that a Phase 1 has already been submitted with the application (as PPS23). Some authorities and environmental lawyers have suggested that the blurb in the letter prior to the conditions should be used to give full context.


Paul

Paul Pearse
Environmental Health Technician
Environment Services, Maldon District Council, Princes Road, Maldon, CM9 5DL
01621 875728 | www.maldon.gov.uk


-----Original Message-----
From: Jason Bale [mailto:[log in to unmask]]
Sent: Friday, November 13, 2009 3:50 PM
To: [log in to unmask]
Subject: Planning Conditions


Afternoon all,
Would appreciate some advice/ views on Planning Conditions, and in particular
the Standard Planning Conditions issued back in 2008 by the DCLG

In Wales the Welsh Local Government Association, Welsh Assembly
Government  and Environment Agency Wales (WLGA/WAG/EAW)Land
Contamination Working Group  are looking at developing standard planning
conditions in a similar vein to those  detailed in the attached, for the 22 LA
across Wales.

One of the issues that has come out of our recent discussions on these, is the
actual validity of the conditions and in particular the Site Characterisation
condition.
Recently one of the Welsh Authorities has had several planning appeals,
involving applications where CL conditions had been recommended. Most
recently the planning inspector considered that the condition that was being
proposed, which I am lead to believe was very similar to the Site
Characteristic condition, was prescriptive, unreasonable, onerous, too long
and, in the event that every stage of an investigation was not necessary,
unenforceable and technically impossible to discharge.  It was explained that a
short condition requiring the site to be investigated and contamination
addressed to the satisfaction of the LPA would be suitable.  It was the
responsibility of the officer to decide and justify the point at which
satisfactory information had been provided etc.

In view of the above the CLO discussed our proposed Welsh standard
conditions with planning officers who considered that the same thing applied
to the proposed conditions.  Reference was made to Welsh Office Circular
35/95 (Circular 11/95 for England - The Use of Conditions in Planning), page 9,
para 14.  It was the view that the conditions failed the 6 tests set out in the
document.

In light of the above WLGA/WAG/EAW Land Contamination Group are now
reconsidering the conditions to be adopted, and I was therefore seeking the
views of a wider audience on the standard conditions, in particular:

1. - do you use the standard conditions or similarly worded conditions as the
attached when conditioning planning apps;
2. - has your authority ever been challenged on the suitability of the
conditions 3. - do you agree/ disagree with the
planning inspectorate/ planners that the standard conditions do not meet the
6 tests of Circulars 11/95 or 35/95).

Any views would be most welcome and apologies for such a long email on a
Friday afternoon.
Regards

Jason Bale

Group Leader/Arweinydd Grwp

Pollution Control Division/Rheoli Llygredd

Strategic Planning & Environment/Cynllunio Strategol a'r Amgylchedd.

Tel/Ffon: 02920 871 896

Fax/Ffacs: 02920 827 431

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