If you act quickly after receiving a decision notice, you should be able to suspend the Appeal period and request a ‘negotiated decision notice’. Such actions are part of the IDAS process under the Sustainable Planning Act 2009. An applicant only has the opportunity to do this once so it is important that any unreasonable or irrelevant conditions be removed at this point.

The question of whether conditions are lawful is a common one. The Courts have said a lot about the two statutory tests in the Sustainable Planning Act 2009:

  1. Conditions must be relevant to, but not an unreasonable imposition on development; and
  2. Conditions must be reasonably required as a consequence of the development.

There is also a considerable body of common law 'tests' that an assessment manager or referral agency should follow in applying conditions, including:

  1. finality and certainty principles: conditions should not defer aspects of approval for future determination and should not be uncertain or vague;
  2. conditions should not modify a proposal to create something different to the development application;
  3. conditions cannot fetter future legitimate discretion by the Council;
  4. conditions must be for legitimate planning purposes only.