Planning Policy Wales - Brecon Beacons National Park
Planning Policy Wales - Brecon Beacons National Park
Planning Policy Wales - Brecon Beacons National Park
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3.6.2 Conditions should only be imposed where they are:<br />
• necessary;<br />
• relevant to planning;<br />
• relevant to the development to be permitted;<br />
• enforceable;<br />
• precise; and<br />
• reasonable in all other respects.<br />
3.6.3 Where appropriate, development plans should specify the policies for certain types of<br />
development which, if approved by the authority, would be subject to planning conditions.<br />
3.6.4 <strong>Planning</strong> permission cannot be granted subject to conditions which specifically require works<br />
on land outside the application site and outside the control of the applicant. However, it is possible<br />
for local planning authorities to grant permission subject to a condition that development should not<br />
be commenced or occupied until some obstacle to the development has been overcome.<br />
3.7 Negotiating planning obligations 30<br />
3.7.1 <strong>Planning</strong> obligations are useful arrangements to overcome obstacles which may otherwise<br />
prevent planning permission from being granted. Contributions from developers may be used<br />
to offset negative consequences of development, to help meet local needs, or to secure benefits<br />
which will make development more sustainable. It is essential that arrangements are fair to both the<br />
developer and the community, that the process is as transparent as possible, and that development<br />
plans provide guidance on the types of obligations which authorities may seek from developers.<br />
When granting planning permission local planning authorities may seek to enter into a planning<br />
obligation with a developer to:<br />
• restrict development or use of the land;<br />
• require operations or activities to be carried out in, on, under or over the land;<br />
• require the land to be used in a specified way; or<br />
• to require payments to be made to the authority either in a single sum or periodically.<br />
3.7.2 Amongst other factors, planning obligations should be sought only where they are:<br />
• necessary;<br />
• relevant to planning;<br />
• directly related to the proposed development;<br />
• fairly and reasonably related in scale and kind to the proposed development; and<br />
• reasonable in all other respects.<br />
Where planning obligations are sought, the parties should work for an early agreement to avoid<br />
unnecessary delay in the planning process.<br />
34<br />
<strong>Planning</strong> <strong>Policy</strong> <strong>Wales</strong> Edition 3 - July 2010 - Chapter 3 Making and Enforcing <strong>Planning</strong> Decisions