The original building permit will continue to exist regardless of the outcome of the section 73 application. The conditions attached to the initial authorisation shall continue to apply if they are not fulfilled. When granting the permit under Article 73, the local planning authority may also impose new conditions – provided that the conditions do not significantly alter the development that was the subject of the original permit and represent conditions that could have been imposed on the previous building permit. For the sake of clarity, decisions to grant a building permit under section 73 should set out all the conditions of the new permit and the conditions of previous permits that remain in force. As far as possible, those conditions should be discussed with the applicant prior to the granting of the authorisation in order to ensure that no unreasonable burden is imposed. The local planning authority should ensure that the timing of the submission of additional details coincides with the planned sequence for the development of the site. Conditions that unnecessarily impair an applicant`s ability to order a development, permit the use of a development or otherwise affect the proper execution of the building permit should not be used. A condition that requires re-bidding and approval of information already submitted as part of the construction application is unlikely to pass the necessity assessment. A decision on the application may be taken only after the expiry of the period specified in the notice, unless the applicant provides a substantive response or written consent to the pre-commencement condition before that date. Proponents who wish to obtain permission as soon as possible and avoid long appeal delays may only be able to agree on the terms that will be proposed before they begin. Hopefully, however, the change will be that APLs will slightly reduce the number of conditions before starting (knowing that if a developer refused to accept them and appealed, the need for details could be carefully considered before starting). Rigorous application of the 6 tests can reduce the need for conditions, and it is recommended to keep the number of conditions to a minimum if possible. Early engagement and positive dialogue between the local planning authority and the applicant can also result in the issuance of the building permit with fewer conditions.

Effective pre-interviews can help determine early what may require conditions. A planning performance contract can be used to establish a schedule of when discussions on conditions will take place. In accordance with the Pre-Entry Requirements Regulations, 2018, which came into force on October 1, 2018, we are now required to obtain the written consent of applicants for all pre-accession conditions associated with permits issued on or after that date. The prerequisites before the start are those that must be met before the start of a development. The number and type of conditions for initiating proceedings vary from one application to another, but the common conditions are as follows: a local planning authority may decide to notify an opinion if it has not been able to obtain a written agreement, up to the extent of a pre-accession condition which it wishes to impose during the negotiations referred to in paragraph 019. These options will continue to be available if the applicant has agreed to a condition prior to commencement or if the pre-commencement requirement has been imposed, if the applicant has not responded within the time limit set out in a notice under the Planning (Preconditions at Commencement) Regulations, 2018: if it becomes customary for applicants not to accept the conditions before the start, We can see that there are significant delays in the issuance of building permits, an increase in rejections and, as a result, more appeals. These problems are all counterproductive to the government`s goal of accelerating housing supply. Kil require written consent to another pre-accession condition, or Article 100ZA (5) provides that a building permit for the development of land may not be granted under a pre-accession condition without the written consent of the applicant on the terms of the condition (except in the case of a condition necessary for the grant of a building permit within the meaning of Section 92 of the 1990 Act or under the conditions set out in B. Land Use Planning (Preconditions for Opening) 2018 Regulations). An application for pre-admission (or any other condition that requires additional details to be approved by the local planning authority) is subject to a fee which is currently £116.00 per application (£34.00 if the condition relates to a building permit from the owner). written consent (within the time limit) under the proposed pre-start condition, in which case the local planning authority may grant the building permit in this precondition for start-up to address the „urgent need to remedy the inappropriate use of pre-start conditions“ by introducing a power in the Planning Act 2017 to ensure that these conditions are only met with the consent of the applicant can be used. I do not understand Richard W`s concern.

Either the condition is a prerequisite for start-up – in this case it has been submitted to the applicant for consideration before a decision, or it is not, in this case it will not. Where is the confusion? Conditions are a useful tool for an LPA to control development. However, developers can find themselves entangled in a network of conditions that they must meet before they can even begin development. The increasing use of startup prerequisites has long been an irritation for developers and is generally cited as a cause of unnecessary delays in deployment. These regulations give applicants the opportunity to have more influence over the proposed permit, and when the permits are granted, we hope they will be in a commercially manageable state. .