What are planning conditions?

Planning conditions are imposed on the grant of planning permission to regulate development. They can enhance the quality of development or enable development proposals which would otherwise be unacceptable in planning terms to proceed, by mitigating or otherwise controlling the adverse effects of the development. Conditions can also be imposed in a local development order or neighbourhood development order. However, legislation, case law and policy set limits on the use of conditions, as set out below.

Powers to impose planning conditions

The general powers for local planning authorities (LPAs) to impose conditions on the grant of planning permission are set out in sections 70 and 72 of the Town and Country Planning Act 1990 (TCPA 1990), although statutory powers to impose conditions are also set out in TCPA 1990, ss 73, 73A, 96A and Sch 5. The Secretary of State (SoS) also has powers to impose conditions on appeal in TCPA 1990, ss 77, 79, 177 and Sch 6.

TCPA 1990, s 70 provides that where an application is made to the LPA for planning