Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Planning conditions definition

What does Planning conditions mean? Requirements attached to a grant of planning permission that control how a development is carried out, used and phased, typically to mitigate impacts so the proposal is acceptable in planning terms. The power to impose conditions is statutory across the UK and Ireland, but “planning conditions” is a descriptive term; their lawfulness is governed by policy and case law tests (including that they are necessary, relevant, enforceable, precise and reasonable). Common forms include pre-commencement, pre-occupation and compliance conditions; conditions requiring submission and approval of details (for example, materials, drainage, traffic or environmental management plans); restrictions on hours or use; phasing and...

Planning conditions in England and Wales: powers, six tests, drafting, pre-commencement and Grampian conditions, GPDO/Use Classes limits, biodiversity net gain, modification, appeals and enforcement

Published by a LexisNexis Planning expert

Practice notes

What are planning conditions?

Planning conditions are attached to planning permissions to govern how development proceeds. They can raise the standard of schemes or allow proposals that might otherwise fail in planning terms to go ahead, by offsetting, limiting or managing harmful impacts. Conditions may likewise feature in a local development order or a neighbourhood development order. Their use is circumscribed by legislation, case law and policy, as outlined below.

Powers to impose planning conditions

Local planning authorities (LPAs) hold broad powers to attach conditions when granting permission under the Town and Country Planning Act 1990 (TCPA 1990), notably sections 70 and 72, with further statutory powers in sections 73, 73A, 96A and Schedule 5. The Secretary of State (SoS) can also impose conditions on appeal by virtue of sections 77, 79, 177 and Schedule 6.

Section 70 TCPA 1990 provides that, upon receiving a planning application, the LPA may grant permission either without conditions or subject to such conditions as it considers appropriate, or it may refuse permission...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...