Planning conditions

 

 

Planning conditions are often attached to a planning permission and are intended to limit, control or direct the proposed development. 

A Local Authority should only impose conditions where they are:

  • Necessary;
  • Relevant to planning;
  • Relevant to the development to be permitted;
  • Enforceable;
  • Precise; and
  • Reasonable in all other respects.

TNEI Services can help assess the reasonableness of conditions, advise on their acceptability and where appropriate prepare and submit an application and/or appeal to secure their removal or variation. 

Discharge of Conditions

Planning conditions must be satisfied for a planning permission to remain valid with some conditions needing to be met prior to the commencement of development, during construction or prior to operation.

TNEI Services can manage the process of discharging planning conditions for a planning permission including the provision of supporting documentation, liaison with the relevant Local Authority, key consultees and post consent monitoring ensuring that the submitted details are up to the standard that the planning department requires. This should ensure a swift and successful process.

The Planning & Environmental Group has dealt with the discharge of planning conditions on a range of projects with our work including the preparation of environmental reports, appointment and management of specialist sub-contractors and ecological monitoring services.

Some recent examples of projects where TNEI has discharged conditions are:

  • Updated predictions of wind turbine noise based on the final turbine model – Heysham South Wind Farm (Banks Renewables). TNEI undertook revised predictions of wind farm noise to show predicted wind turbine noise for the proposed turbine model would meet the agreed noise limits and produced a report which was submitted to the Local Authority to discharge a condition prior to commencement of works on site.
  • Submission of a shadow flicker protocol - Curborough Wind Turbine (Severn Trent Water). TNEI produced a protocol which set out the steps that would be followed in the event of a complaint relating to shadow flicker. The protocol detailed how the complaint would be investigated included a mechanism for mitigation to be suggested, if required.
  • Wind farm noise compliance monitoring – Penny Hill Wind Farm (Banks Renewables). Following construction of the wind farm TNEI worked with the Local Authority’s Environmental Health Department to undertake compliance monitoring to demonstrate that the noise immissions from the wind farm were within the permitted levels. TNEI agreed the assessment methodology with the Local Authority in advance and undertook on site monitoring and produced a report which was submitted to the Local Authority to discharge the condition.
  • Discharge of planning conditions – Stoke Bardolph Wind Turbine (Severn Trent Water). TNEI produced a series of ecological and ornithological documents for approval by the Local Authority and bodies such as Natural England, including a Habitat Management Plan and a monitoring scheme for birds and bats covering the first five years following the start of operations of the turbines. TNEI will also undertake protected species checking surveys and provide Ecological Clerk of Works services throughout the construction period.
  • Noise complaints investigations – TNEI has undertaken complaints driven compliance monitoring, triggered by noise related planning conditions, to investigate wind farm noise complaints. Our noise team work with local residents, Local Authorities and wind farm operators to thoroughly assess complaints. Typically, assessment includes a review of complaints logs to identify the wind conditions which occurred during the period of complaints, monitoring to determine whether the wind farm is complying with its conditions and, where required, TNEI has provided recommendations on mitigation required to ensure future compliance.
  • Discharge of planning conditions – Barmoor Wind Farm (EDF-ER). TNEI produced a number of documents and managed the discharge of all of the conditions attached to the planning permission for six wind turbines. Topic areas included traffic and transport, shadow flicker, television interference, archaeology, and ecology and ornithology. Construction commenced in May 2014 and the wind farm is due to be operational in early 2015.

Discharge of planning conditions – Marley Potts Fire Station (Sunderland City Council). TNEI completed checking surveys for amphibians, breeding birds and Biodiversity Action Plan species and supervision of vegetation clearance works on the site, prior to the start of construction works.

To read more about TNEI’s planning and consenting and ecology services please go to www.tnei.co.uk/planning-consenting or www.tnei.co.uk/ecology. Alternatively to get in touch with a member of our team please go to our contacts page.