Planning conditions explained: understanding and challenging problem conditions

Our recent planning approval for a new agricultural livestock building in the Oxford Green Belt raised some interesting and pertinent questions around planning conditions and their correct application, and what to do when they miss the mark.  It also serves as a useful example of the value that your planning consultant brings to your project once you have the planning approval in hand.  

From planning application to the decision notice, and what you need to consider next 

Picture the scene – you have a development need or dream, you instruct an expert planning consultancy, who help you to navigate the challenges of the Town and Country Planning Act, pulling together a suitable project team, creating the appropriate planning strategy, reviewing the submission pack, writing a compelling justification for your proposals in planning terms and the application is submitted to the planning portal.  

After weeks, months even, having navigated the challenges of planning policy, site context, BNG, ecology, pre-app, the ever-changing goal posts of validation (to name but a few), you hold the planning approval in your hand.  

You open the Decision Notice, ready to put a spade in the ground, only to find that permission has been granted subject to pages of planning conditions. Instead of cracking on with the build, you realise that the Council want reams of information agreed first. 

Planning conditions – your essential guide  

Planning conditions appear on every planning approval. In many cases, they are fair, reasonable, and simply part of the process. Sometimes they are even helpful. Indeed, it is not unusual for applicants to request that certain details are dealt with by condition, rather than at application stage. This can reduce upfront costs at a high-risk point in proceedings, allowing matters such as drainage, materials, landscaping, to be agreed later. 

However, not all conditions are created equal.  

In practice, planning conditions generally fall into two broad categories.  

1. Compliance-only conditions: These are conditions you must adhere to, but which do not require further approval from the Council. Examples include:  
   • Development being carried out in accordance with approved plans; 
   • Restrictions on hours of use.  

2. Conditions requiring further approval: Often referred to as “pre-commencement” or “pre-occupation” conditions, these typically require details to be submitted to and approved by the Council, often before development starts or before a building is occupied. They can significantly affect your programme and costs. 

Understanding which conditions require submissions, and when, is critical. Failing to comply can delay development, invalidate works already carried out, or create issues when you come to sell or refinance a property. 

Are my planning conditions justified? Can I remove a planning condition?  

Sometimes conditions come as a surprise. Sometimes they are simply confusing. And sometimes, they are plainly incorrect. 

This is why, before we send on your Decision Notice at the end of the project, we always read the Decision Notice carefully and consider whether each condition meets the tests set out in national policy. 

The six tests of a suitable planning condition (in plain English) 

The Planning Practice Guidance makes it clear that conditions should be kept to a minimum and should only be imposed where they meet all of the following six tests. They must be: 

1. necessary; 
2. relevant to planning; 
3. relevant to the development permitted; 
4. enforceable; 
5. precise; 
6. reasonable in all other respects. 

If a condition fails one or more of these tests, there may be grounds to challenge it. 

A real-world example: planning secured for an agricultural livestock building in Oxfordshire  

We recently acted for a client seeking permission for an agricultural livestock barn. 

The site presented a number of complexities:

• A Grade II listed farmhouse and barn; 
• A Conservation Area location; 
• The Oxford Green Belt; 
• Ecological considerations. 

However, we made a compelling case and navigated the various complexities successfully, securing permission for this vital rural development project.  Furthermore, the Council accepted that the proposed use would not harm nearby residential amenity in terms of noise or smell.  

Planning permission was granted for the agricultural barn but, imagine our surprise and confusion when, this was subject to a condition stating that the building could not be used for housing livestock.   

This left the client with a permission they could build out, but a development they were not allowed to use for the very purpose it was approved for.  Applying the six tests, the condition was clearly not necessary and certainly not reasonable. We set about resolving this issue for our client.  

When to challenge a planning condition?  

It is quite common for consultees to suggest planning conditions during the application process. Often these conditions are sensible and proportionate. Sometimes they are not. 

Where possible, it is always worth engaging with your case officer before a decision is issued to discuss proposed conditions. Invariably we find that a short conversation at this stage can save significant time and cost later. 

However, as in the example above, what if you are not given that opportunity? 

If a condition is imposed that you believe fails the relevant tests, you can apply to vary or remove it through a section 73 application. This is the most common route for dealing with problematic conditions, but it does involve time, cost, and uncertainty.  

In some cases, particularly where a condition is clearly an error rather than a matter of planning judgment, a section 73 application may not be necessary at all. We have successfully resolved issues by contacting the case officer shortly after permission was issued and asking whether they genuinely intended to impose a particular condition. Acting quickly is key here, that and being confident in making a strong, evidence-based case to query the imposition of the condition. If altering or removing a condition isn’t possible, then you may need to make a fresh planning application to resolve the issue.  

However, it is worth noting that you cannot alter planning conditions where doing so would: 

• conflict with the description of development; 
• create a materially different scheme; 
• introduce or intensify a use; 
• undermine the original planning balance; 
• breach policy or statutory requirements. 

In these scenarios, a new planning application (or occasionally a revised scheme under a different route) is required. 

A note on pre-commencement conditions 

It is also worth knowing that planning officers are required to notify applicants if they intend to impose pre commencement conditions, meaning conditions that must be discharged before any works start. 

In practice, this step is sometimes overlooked. It is perfectly reasonable, and often sensible, to remind officers of this requirement during the application process. 

Key takeaways for landowners and developers  

The moral of the story is simple. Do not accept planning conditions at face value if they appear unfair, unnecessary, or unclear. 

Discharging conditions can be expensive and time consuming. A short review of your decision notice by a planning consultant can help you understand: 

• what is required; 
• what can be challenged; and  
• what might be better dealt with sooner rather than later. 

We are delighted that following our involvement, the condition was removed, and our client can now erect and use the barn as intended.   

But we also hope that this article serves to provide a useful reminder that the planning process doesn’t end once you receive your decision notice.  Indeed, our final key takeaway for landowners and developers is: make sure that the rest of the project team and contractors are made aware of all the conditions and required reports, as failure to do so can lead to unintended planning breaches – for example failure to notify re: archaeology finds, protected species and so forth.  

Working with Plainview Planning and McLoughlin Planning    

At Plainview Planning, we focus on helping homeowners, landowners and small developers unlock the potential of their sites. Our expertise lies in housing schemes of under 10 units, householder applications, and boutique commercial projects — where creative thinking and a deep understanding of planning policy make all the difference.    

Since joining forces with McLoughlin Planning in 2024, we’re proud to be part of a wider group of 14 planning professionals and support staff, combining our complementary skillsets to deliver ingenious, commercially-minded planning solutions across England and Wales.    

As part of the McLoughlin Planning Group, our shared objective is simple — to get results for our clients by providing high-quality planning consultancy. Their team of chartered town planners delivers strategic advice and planning solutions across a wide range of sectors, from strategic land promotions and multi-phase residential sites to commercial, aviation, and rural projects.    

For larger, strategic or complex schemes, please contact the McLoughlin Planning team. For householder projects, smaller developments, or boutique commercial sites, our Plainview Planning team would be delighted to assist.   

To speak to us, email enquiries@plainview.co.uk or call 01242 501003 — providing your site address and a brief summary of your project.    

Content correct at the time of publication. For the most up-to-date advice or to discuss your project, please contact our team directly.