One of the recently published pre Christmas DCLG consultations concerns the use and discharge of conditions. Readers may be interested to read the debate, in the consultation paper, as to whether or not the Secretary of State should soften the current policy about the use of Grampian style conditions to secure a planning obligation post grant of permission. DCLG's current position is that these conditions should not be used - but some authorities still seem to use them and many planning lawyers, myself included, regard these conditions as potentially lawful.
The consultation suggests that a way forward may be to allow such conditions - but only in certain well defined circumstances including where at least a set of heads of terms has been agreed and can be annexed to the decision notice. No doubt we'll be sending in a response to this - I'd be interested in readers comments. Here is the link;
http://www.communities.gov.uk/publications/planningandbuilding/improvingplanningconditions
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