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Improving the use of planning conditions

Date: 2/3/2018

POS and the British Property Federation (BPF) submitted a joint response to the first consultation on this topic, Improving the use of Planning Conditions which was an open consultation from September - November 2016.

We objected to the original consultation suggesting primary legislation to require written agreement to pre-commencement conditions, and POS continue's with that objection. The proposal would have a significant impact on resources at a time where LPAs need to be frugal in their use so as to be as efficient as possible in playing their part in facilitating the delivery of housing. 

It is also the case that these proposed provisions could have an adverse effect on developers as LPAs will be forced to require more information to be supplied with applications or will have to refuse more applications. The system will be forced into being more bureaucratic and less flexible, with the unintended consequences once again of development being stalled - particularly but not exclusively for housing.

Although POS agrees that it is best practice to agree conditions prior to granting planning permission, we strongly urge that this should be laid out in the NPPF and NPPG not in primary legislation. Our submission to the first consultation is included as a appendix to this document.

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