Planning Circular 4/1998: model planning conditions addendum

Introduction

1. SODD Circular 4/1998, issued in February 1998, set out Government policy on The Use of Conditions in Planning Permissions. This superseded Circular 18/1986 although Appendices A and B to the 1986 Circular, which provided examples of acceptable and unacceptable planning conditions, were not cancelled. It was explained in Circular 4/1998 that further work on model conditions would be undertaken with local authority representatives and that further guidance would be issued in due course. This work has now been concluded and the Appendices to the 1986 Circular are now superseded.

2. The model conditions have been drawn up in association with development control officers from Glasgow, Inverclyde, Moray, Scottish Borders and West Dunbartonshire. They should always be read in conjunction with Circular4/1998 and the following key elements of the Government's policy on the use of conditions are worth repeating:

• no condition should be imposed unless it meets the following tests - necessary
• relevant to planning
• relevant to the development to be permitted
• enforceable
• precise, and
• reasonable in all other respects.

conditions must not be applied slavishly - a clear and precise reason must be given for each and every condition imposed.

3. The following points should be borne in mind when considering the use of the model conditions:

• the conditions which follow are intended as models only and may need to be adapted to the circumstances of particular cases;

• the list is not exhaustive;

• model reasons cannot be given for the imposition of the conditions shown - the reasons will vary according to the circumstances of each case.

Some examples of unacceptable conditions are included. On the right hand margin the reference, where appropriate, to the relevant paragraph in the Annex to Circular 4/1998 is given.

4. A list, again not exhaustive, of examples of satisfactory and unsatisfactory reasons for imposing planning conditions is also included.

A. Time limit for commencement

Circular Ref.: Time limits Paras 45-52 Planning Permissions Para 46 Outline Permissions Para 47

1. Planning Permissions

The development hereby permitted shall be commenced within [ 5]years from the date of this permission.

Note: Numbers put in square brackets as time periods can be varied with justification.

2. Outline planning permissions

a. Before development commences written approval from the planning authority must be obtained for the details of the siting, design and external appearance of any building(s), the means of access and the landscaping (collectively these are termed "reserved matters").

Note: This condition is appropriate in its entirety only where the outline application contained details of none of the items described as 'reserved matters' in Article 2 of The Town and Country Planning (General Development Procedure) (Scotland) Order 1992).

b. Plans and particulars of the reserved matters referred to in Condition2 (a) above shall be submitted for consideration by the planning authority and no work shall begin until the written approval of the authority has been given.

c. Application for approval of reserved matters shall be made to the planning authority within [ 3]years from the date of this permission.

d. The development hereby permitted shall commence within [ 5]years from the date of this permission, or within [ 2]years from the date of approval by the planning authority of the last of the reserved matters to be approved.

Note: Numbers put in square brackets as time periods can be varied with justification.

Examples of unacceptable conditions To require that a development (except in the case of mineral workings) shall be completed within a time limit.

Explanation - This would not normally be acceptable on the grounds of unreasonableness. To be reasonable it would have to serve a clear planning objective. To require that development shall not be carried out until, for example, 5 years from the date of permission. Explanation - It would not normally be acceptable to grant permission on condition that the right to carry out development is deferred until some future date. A suspensive condition could be useful if it served a clear planning purpose - see Model Condition A7 on page 3.

3. Details of reserved matters - housing estate

The subsequent application for the approval of reserved matters shall be accompanied by:

i. a site layout plan at a scale of [ specify] showing the position of all buildings, roads, footpaths, parking areas (distinguishing, where appropriate, between private and public spaces), walls and fences and landscaping;

ii. plans and elevations of each house and garage type showing their dimensions and type and colour of external materials;

iii. a landscaping plan at a scale of [ specify] showing the location, species and ground spread of existing and proposed trees, shrubs and hedges;

iv. details of the phasing of development;

v. details of existing and finished ground levels, and finished floor levels, in relation to a fixed datum, preferably ordnance datum.

4. Reserving other matters

Before development commences, written approval from the planning authority must be obtained for the details of [ specify].

5. Phasing of development

Details of the phasing of the development shall be submitted to the planning authority for approval, and no work shall begin until the phasing scheme has been approved in writing. Following approval, the development shall be implemented in accordance with the approved scheme.

6. Completion of elements of a development

Prior to the occupation of [ specify] the [ specify the element] shall be completed in accordance with the approved details.

7. Conditions depending on others' action

No development shall take place on the site until [ specify off-site works on which implementation of the planning permission depends] have been carried out.

B. Temporary planning permissions

Circular Ref: Reserving other Matters Para 44

1. The [ specify development] hereby permitted shall cease on [ specify date].

2. The [ specify e.g. buildings/works] hereby permitted shall be removed or the use hereby permitted shall be discontinued and the land restored to [ specify requirements]. Any such restoration works shall be carried out by [ specify date].

C. Regulation of development

Circular Ref: Regulation of Development Paras 40-44 Regulation after Development Paras 84-90

1. Uses

The land which is the subject of this permission shall be used for [ specify use] and for no other use notwithstanding the provisions of Class [ specify] of the Town and Country Planning (Use Classes) (Scotland) Order and the General Permitted Development Order [ specify dates].

Note: This condition should only be used in exceptional circumstances to achieve clear planning objectives.

2. Permitted development

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order(s) [ specify relevant date(s)] no [ specify development] shall be built on the site which is the subject of this application. Construction of [ specify] cannot be carried out without planning permission being granted on an application made to the planning authority.

3. Hours of Use

The use hereby permitted shall not operate between [ specify hours and days].

4. Hours of operation

No machinery shall be operated, no process carried out and no deliveries received at or despatched from the site between [ specify hours] from Monday to Saturday inclusive and at any time on Sundays.

5. Personal permissions

The use hereby permitted shall be carried on only by [ specify person].

Circular Ref: Personal Permissions Para 92

6. Occupancy

a. Housing related to agricultural and forestry employment

Occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed in the locality in [ specify] or to a widow or widower of such a person and to any dependants.

Circular Ref: Conditions restricting occupancy of buildings an d land Paras 91-103

b. Housing related to other employment

Occupation of the dwelling shall be limited to a person solely or mainly employed in [ specify].

c. Granny 'Annexes'

The extension hereby permitted shall be used solely as part of the existing dwellinghouse, and at no time shall it be occupied as a separate dwelling.

Circular Ref: Granny 'Annexes' Paras 97

7. Restrictions on operations

a. Storage of Materials

No materials, including waste products, shall be stored on the site outwith the buildings.

b. Storage of Materials - Hazard

No [ specify materials] shall be stored within [ specify] metres of buildings on the site or within [ specify] metres of the site boundary.

c. Stacking of Materials - Height

Stacking of [ specify] on the site shall not exceed [ specify] metres in height [ specify datum].

d. Burning

There shall be no burning of materials outwith the building(s) on the site.

Example of an unacceptable condition:

• to require that the site shall be kept tidy at all times.
• explanation: this is vague and unlikely to be capable of enforcement.

8. Retail development

The use of the retail units hereby permitted shall be limited to the sale of non-food goods of the following types [ specify]. In any unit, the use of more than [ specify percentage] of the net retail floor area for the sale of goods other than those specified shall not be permitted without the written approval of the planning authority.

9. Garages and outbuildings

All garages and outbuildings shall be used solely for domestic purposes incidental to the use of the dwellinghouse.

D. Design

1. Density

The development hereby permitted shall not exceed a density of [ specify] dwellings per hectare, net of [ specify what is excluded from the calculation of density].

Circular Ref: Design and Landscape Para 74-76

2. Materials

a. The type and colour of materials to be used in the development shall be as specified on the approved drawings/application form/letter dated [ specify] unless the prior written approval of the planning authority is obtained for other materials.

b. Development shall not begin until samples of materials to be used (on external surfaces of the buildings) or (in construction of hard standings/walls/fences) have been submitted to and approved in writing by the planning authority. Development shall thereafter be carried out using the approved materials or such alternatives as may be agreed in writing with the planning authority.

E. Landscape

1. Landscaping

Circular Ref Design and Landscape Paras 74-76

a. Development shall not begin until details of the scheme of hard and soft landscaping works have been submitted to and approved in writing by the planning authority. Details of the scheme shall include (as appropriate):

i. existing and finished ground levels in relation to a fixed datum preferably ordnance

ii. existing landscaping features and vegetation to be retained and, in the case of damage, restored

iii. location and design, including materials, of walls, fences and gates

iv. soft and hard landscaping works

v. existing and proposed services such as cables, pipelines, sub-stations

vi. other artefacts and structures such as street furniture, play equipment

vii. programme for completion and subsequent maintenance.

b. Details of the scheme of soft landscaping works shall include (as appropriate):

i. indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration

ii. location of new trees, shrubs, hedges and grassed areas

iii. schedule of plants to comprise species, plant sizes and proposed numbers/density

iv. programme for completion and subsequent maintenance.

c. All hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the planning authority.

d. Development shall not begin until details of earthworks have been submitted to and approved in writing by the planning authority. Details shall include existing and proposed levels (in relation to a fixed datum, preferably ordnance) and contours in relation to surrounding vegetation and landform (with datum levels). Development shall be carried out in accordance with the approved details.

e. Existing trees and shrubs as shown on [ specify drawing reference] on the site shall not be lopped, topped, felled, removed or disturbed in any way without the prior written consent of the planning authority.

f. Development on the site shall not begin until trees marked for retention on [ specify drawing reference] have been protected by suitable fencing. Details of this fencing shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.

g. During construction work on the site, including the laying of services, no excavation shall be undertaken under the crowns of trees.

h. Before development begins a scheme for the maintenance of open space, including play areas, within the development shall be submitted to and approved in writing by the planning authority.

i. Any trees or shrubs, including hedges on the site which, in the opinion of the planning authority, are dying, severely damaged or diseased within [ specify] years of planting shall be replaced by trees or shrubs of a similar specification to those originally planted.

2. Play areas: submission of scheme

Before development begins a scheme for the provision of a play area as outlined [ specify drawing reference] shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given. Details to be submitted include-

i. type and location of play equipment, seating, fences, walls and litter bins

ii. surface treatment of the play area

iii. proposals for the implementation/phasing of play area(s) in relation to the construction of houses on the site.

3. Play areas: implementation

All works required for the provision of play area(s) shall be completed in accordance with the scheme approved in writing by the planning authority.

Example of an unacceptable condition Provision of Dog Fouling Areas and/or a scheme shall be developed by the applicant. Explanation - This condition fails the test of relevance to planning.

F. Natural heritage

1. Restrictions on development

a. No development, including the deposit of materials during construction and the deposit of waste materials, shall take place in the area hatched [ specify drawing reference].

Circular Ref: Nature Conservation and Landscape Paras 71-73

b. No construction or engineering operations shall take place on site between [ specify dates], which period coincides with the breeding season of [ specify].

2. Footpath links

Before development on the site begins details of a footpath link between points A and B on [ specify drawing reference] shall be submitted to and approved in writing by the planning authority. The footpath shall be constructed in accordance with the approved scheme within [ specify] of the planning authority's written approval of the scheme.

3. Species protection

Before development on the site begins, a scheme for the protection of [ specify] shall be submitted to and approved in writing by the planning authority. Any [ specify works or actions] shall thereafter be carried out in accordance with the approved scheme.

G. Built heritage

1. Building details

Details of the design of doors/windows [ specify] and other architectural details [ specify] shall be submitted to the planning authority in the form of drawings at a scale of [ specify]. The drawings should include dimensions of doors/windows, materials [ specify], etc. No work shall begin until written approval of the planning authority to the details has been given.

2. Stone cleaning

Details of the justification for and proposed method of stone cleaning shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.

3. Stone pointing

Details and specifications of the proposed stone pointing shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.

4. Harling

Details of the proposed harling shall be to the planning authority and no work shall begin until written approval of the planning authority has been given to these details.

5. Materials

Samples of materials [ specify] to be used in the development shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.

6. Replacement of natural stone

The coursing and surface finish of the replacement stonework shall match, in terms of texture and appearance, the stone on the existing/adjoining building(s) [ specify as appropriate]. A sample shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.

7. Archaeology

a. No development shall take place within the site until a scheme of archaeological investigation (including a timetable) has been submitted to and approved in writing by the planning authority.

Circular Ref: Archaeology Paras 79-80

b. No development shall take place until fencing has been erected in a manner and position to be agreed with the planning authority at [ specify name of monument]; and no development shall take place within the fenced area until the prior written approval of the planning authority has been given.

c. The developer shall afford access at all reasonable times to any archaeologist nominated by the planning authority and shall allow him to observe work in progress and record items of archaeological interest.

Note: In relation to Model Condition G7c above, conditions should not require work to be held up while archaeological work takes place, although some developers may be willing to allow this.

H. TRANSPORT

1. Means of access

The building/use [ specify] hereby permitted shall not be occupied/commenced until vehicular, cycle and pedestrian access routes have been constructed in accordance with the approved plans.

Circular Ref: Traffic and Transport Paras 56-64

Examples of unacceptable conditions:

• to require that the applicant shall construct an ancillary road as and when required by the planning authority.

• explanation: This is imprecise and unreasonable.

• to require that the land in front of the buildings shall be made available for future road widening.

• explanation: There should be no requirement to make land available, although a condition could be framed to reserve land for future development.

2. Access for disabled people

Development on the site shall not begin until a scheme indicating the provision to be made for disabled people to gain access to and within the site, including provision for parking, has been submitted to and approved in writing by the planning authority. The agreed scheme shall be implemented before the building/use is occupied/commenced.

Circular Ref. Access for Disabled People Para 110

3. Visibility splays

No building or other structure or tree or shrub exceeding [ specify] metres in height shall be allowed in the area shown on [ specify drawing reference].

4. Parking

The car parking spaces shown on [ specify drawing reference] shall be constructed and surfaced in accordance with the approved details before the building hereby permitted is occupied.

Example of an unacceptable condition:

• to require that loading and unloading, and the parking of vehicles, shall not take place on the road at the front of the premises
• explanation: This condition seeks to exercise control in respect of a public road, which is not under the control of the applicant

5. Cycle racks

Before development on the site begins, details of a bicycle racking system for [ specify number] bicycles shall be submitted to and approved in writing by the planning authority. The approved racking system shall be installed before the building is occupied.

6. Public transport

Development shall not begin until details of the proposed bus/railway station(s) or stop(s) within the site have been submitted to and approved in writing by the planning authority. The development shall not be brought into operation until the station(s) or stop(s) have been constructed in accordance with the approved plans.

Circular Ref: Public Transport Paras 57-59

I. Environment controls

1. Noise

Circular Ref: Noise Para 70

a. Minimising the effect of noise on new noise sensitive development

Development shall not begin until a scheme for protecting [ specify development] from noise from [ specify sources] has been submitted to and approved in writing by the planning authority. The [specify development] shall not be brought into use until the measures in the approved noise prevention scheme operate to the satisfaction of the planning authority.

b. Restricting noise from industrial or commercial development

i. [ Specify activities] should not take place within [ specify where].

ii. The level of noise from the site shall not exceed [A] dB between [ specify time] and [A] dB at any other time. The level of noise from the site is to be measured [ specify location(s)].

Note: A - noise level expressed a L Aeq,T over a time period X (eg1hour). Conditions on noise must be tailored to particular circumstances and should be drawn up in consultation with environmental health officers.

2. Contaminated land

Circular Ref: Development of Contaminated Sites Paras 65-68

Development shall not begin until a scheme to deal with contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:

i. the nature, extent and type(s) of contamination on the site

ii. measures to treat/remove contamination to ensure the site is fit for the use proposed.

iii. measures to deal with contamination during construction works

iv. condition of the site on completion of decontamination measures.

Before any [ specify e.g. residential/commercial/business/retail] unit is occupied the measures to decontaminate the site shall be fully implemented as approved by the planning authority.

3. Drainage/sewage disposal

None of the dwellings shall be occupied until the drainage/sewage disposal works have been completed in accordance with the submitted plans.

4. Hot food shops

The hot food shop shall not start trading until the flue and ventilation systems are operational in accordance with details approved in writing by the planning authority.

Example of an unacceptable condition:

• certification by ventilation engineer that kitchen equipment will meet prescribed standards
• explanation - This is not a matter for planning legislation

Satisfactory and unsatisfactory reasons

Reasons should be specific and explain clearly but succinctly why the condition is being attached to the permission. It should not state the obvious, or simply repeat the terms of the condition. The following are examples of satisfactory and unsatisfactory reasons.

Subject	Issue	Unsatisfactory reasons	Satisfactory reasons
Regulation of use	Hours of opening	In the interests of residential amenity.	To protect occupants of nearby housing from noise/disturbance late in the evening.
Design	Materials	In the interests of visual amenity.	To ensure that the extension matches the external appearance of the existing building and thereby maintains the visual quality of the area.
Landscape	Tree protection	In the interests of visual amenity.	To maintain the contribution of existing trees to the landscape quality of the area.
Transport	Visibility splays	In the interests of traffic safety.	To enable drivers of vehicles leaving the site to have a clear view over a length of road sufficient to allow safe exit.
	Hard surface first (x) metres of driveway	In the interests of traffic safety.	To prevent loose material being carried onto the public highway/footpath in the interests of traffic safety.
	Turning circle	In the interests of traffic safety.	To allow adequate space for vehicles to turn and exit the site in forward gear in the interests of traffic safety.
Environmental Control	Road traffic noise	In the interests of residential amenity.	To protect local residents from traffic noise.
	Odours/ cooking	In order to safeguard the property itself and the amenity of the surrounding area.	To protect local residents from nuisance resulting due to the disposal of cooking odours.

Planning circular 4-1998 model planning conditions addendum.pdf

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