tag:blogger.com,1999:blog-8170718846507476773.post6585152407600530816..comments2022-12-13T14:45:12.233+00:00Comments on Martin Goodall's Planning Law Blog: Implied conditions – Court of Appeal backs High CourtMartin H Goodallhttp://www.blogger.com/profile/07079479984296674469noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8170718846507476773.post-61718494085181018292019-02-12T16:34:31.521+00:002019-02-12T16:34:31.521+00:00A permission granted under section 73 constitutes ...A permission granted under section 73 constitutes a fresh planning permission. It follows from this that, in order to avoid difficulty, it is clearly advisable that conditions in the original permission that have not been removed or relaxed should be re-imposed in the section 73 consent, with the exception only of those conditions that are known to have been fully complied with (whether or not any formal discharge of those conditions has been issued).<br /><br />My own instinct would be to repeat word for word those conditions that should still apply, rather than relying on the shorthand form of words my unknown correspondent proposes. I am not saying that the formula he proposes would necessarily be ineffective, but caution suggests that the wording of the unaffected conditions should ideally be repeated word-for-word. No reference need then be made to the original permission, nor any rubric about their discharge.<br />Martin H Goodallhttps://www.blogger.com/profile/07079479984296674469noreply@blogger.comtag:blogger.com,1999:blog-8170718846507476773.post-49694445988882859312019-02-11T10:00:41.748+00:002019-02-11T10:00:41.748+00:00Hi Martin. Do you have a view on the form in whic...Hi Martin. Do you have a view on the form in which conditions attached to a S73 should be drafted? I have always understood that each condition from the orginal consent had to be studied carefully and reapplied in its original or in a varied form (with any approved docs added to the approved docs condition) dependng on whether it has been discharged. However I am currently reviewing a list of standard conditions held by my authority and they include a 'conditions reiterated condition' worded as follows: The conditions attached to and specified upon the notice of planning permission no. ^IN; relating to this development are reiterated and are still in force insofar as the same have not already been discharged to the satisfaction of the Local Planning Authority.<br /><br />Is this practice adequate in your view? I haven't been able to find any commentary on this issue in our usual resources. Thanks in advanceJohn Dhttps://www.blogger.com/profile/05979353337367680291noreply@blogger.com