Removal of Conditions

D&M Planning have successfully applied for the removal of two conditions at The Music Works in Milford. The proposal concerned the erection of a new religious meeting hall following demolition of the existing building. That application had been granted at committee subject to a number of conditions. D&M Planning had been instructed to seek the removal of two conditions relating to the hours of operation and the number of people permitted within the congregation. Both conditions had previously been applied by the relevant planning committee. Representing the applicant, Matt Smith successfully argued that the conditions did not conform with relevant Waverley policy and guidance, were not consistent with other conditions within the borough and did not conform with the six tests set out within the NPPF and NPPG.

The National Planning Policy Framework is very clear that when applying conditions to decision notices the conditions must pass all of the 6 outlined tests. Whilst this is the case decision makers, whether at officer level or in this case at committee, often apply conditions without having regard to such. Sometimes these conditions are not harmful and do not impact on schemes but where they do it can be difficult to remove them. D&M Planning have vast experience in dealing with the removal of such conditions, not just at places of worship, but at commercial and residential properties. Please feel free to reach out if you need to challenge a condition on your approval.