New rules under section 14 of the Neighbourhood Planning Act 2017 came into force on 1 October 2018 which mean planning permission for the development of land may not be granted subject to pre-commencement conditions without the prior written agreement of the applicant.
What are Pre-Commencement Conditions?
Pre-commencement conditions are those conditions on a planning permission which must be fulfilled before work starts on site or before the use of land changes. Developers and landowners could refuse the imposition of pre-commencement conditions where they believe it is unwarranted or impractical.
Local Planning Authorities will have to give notice of their intention to attach pre-commencement conditions to a planning permission, setting out the text of the condition, the reason for it including an explanation why it is a pre-commencement condition and when a response from the applicant must be received by.
The exception where planning permission may be granted subject to a pre-commencement condition without the applicant’s written agreement is if the applicant has been notified of the intention to impose a pre-commencement condition and has not responded by the date specified in the notice.
This means those who are intending to carry out development work should speak to a planning and specialist solicitor as early as possible to negotiate their conditions.
We Can Help
At MW, our mission is "To make quality legal services accessible to everyone", including those who are developing land or those who need advice on how to apply for planning permission.
Our specialist Property Solicitors can advise on all aspects of the planning system and can help to guide you through the Planning Permission Application. Don't delay, call us today on 0203 551 8500 or use our Contact Us form to tell us more about your case and arrange a callback.