The drafting of planning conditions

By Caroline Bywater

The thorny issue of the drafting of conditions went before the High Court in the recent case of R (oao) Teresa Sienkiewicz v South Somerset District Council and Probiotics International Ltd. The case concerned the grant of consent for the erection of a building for B1, B2 and B8 uses, which the applicant contended was necessary to enable the expansion of its business.

Despite being contrary to the relevant development plan (being just outside the area allocated for employment use), the local authority determined that the application was in accordance with the National Planning Policy Framework (NPPF), which supports the expansion of businesses in rural areas, and granted consent. The summary reasons for grant referred to an ‘adequate justification to allow an expansion of Probiotics’ and a condition was imposed that read: ‘The building hereby permitted shall only be carried out by Probiotics International Ltd [or any successor company] during its occupation of the land subject to this permission. Reason: the local planning authority wishes to control the uses on this site to accord with the NPPF.’ …

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