PPS 1: General Principles
Development Control: Planning Conditions
56. The Department has the power to attach conditions to a grant of planning permission. This ability can enable it to approve development proposals where it would otherwise be necessary to refuse planning permission. However, the Department will only impose conditions that, in its opinion, are necessary, relevant to planning, relevant to the development being permitted, precise, enforceable and reasonable in all other respects. One key test of whether a particular condition is necessary is if planning permission would have been refused if the condition were not imposed. Otherwise, such a condition would need special and precise justification.
57. Unless otherwise specified, a planning permission relates to land rather than those persons who own or occupy it. The Department considers that it is seldom desirable to provide for any other arrangement. However, the personal or domestic circumstances of an applicant, or the difficulties encountered by a business that is of value to the local community, may, exceptionally be material to the consideration of a planning application. While such arguments will seldom outweigh general planning policy considerations, in exceptional circumstances, the Department may grant planning permission subject to a condition that it is personal to the applicant.
58. The Department may attach a negative condition to a planning permission requiring that development shall not take place until works to facilitate it, such as road widening or other infrastructural improvements, have been carried out. Negative conditions will be imposed only where there is a reasonable prospect of the required works being carried out within the period during which the planning permission will remain live. It is the policy of the Department to refuse planning permission where it considers that such a reasonable prospect does not exist.