RE: Discharge of Conditions - Public forum - Planning Advisory Service (PAS)
RE: Discharge of Conditions
Hannah Hogan, modified 8 Years ago.
Discharge of Conditions
New Member Posts: 2 Join Date: 15/05/15 Recent PostsAfternoon all!
Quick question, if I may...
Where a statutory consultee has advocated a condition, and permission has been granted and the condition imposed by the LPA - who would most LPAs expect to discharge that condition? The requestant consultee or any other relevant risk management authority? Do Stat Consultees have an option to not offer comment / refuse to comment on their own advocated conditions?
The Town&County Planning (Development Management Procedure) (England) Order 2015 doesn't offer a clear steer to DoC - only permissions. ...
Thanks in advance,
hannah hogan
Hi Hannah,
Obviously the LPA are the only ones who can formally discharge the condition. It sounds like you're having difficulty with a statutory consultee not wanting to be involved in assessing a DoC when they've asked for a condition to be put against an application; this is poor form but it happens, unfortunately. I don't think there's any recourse in the regs or elsewhere to force them to provide a comment on a DoC if they're unwilling - so it becomes a tactical/relationship management issue.
Rob
REBECCA STADDON, modified 8 Years ago.
RE: Discharge of Conditions
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsHannah,
I agree with Paul and Rob. The duty to discharge the condition lies with the LPA. Unfortunately a lack of response from the stat consultee will have to be looked at internally.
Rebecca
Hannah Hogan, modified 8 Years ago.
RE: Discharge of Conditions
New Member Posts: 2 Join Date: 15/05/15 Recent PostsThanks all,
Although the Council as LPA would discharge conditions - if LPAs feel unable to fully look at a technical advocated & imposed condition, it's concerning what position that would leave the LPA in - whether to seek advice elsewhere or to challenge the consultee's refusal to comment further.
Cheers for your input :)