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New Planning Conditions for Developments on Polluted Land

Publication Date: July 17, 2008

The Government have sent all local planning authorities new model planning conditions for use when polluted land is going to be re-developed.

Generally, model conditions are useful as they can improve the consistency of decisions. However, whilst a degree of predictability will be welcome, developers should ensure in their negotiations with the local planning authority that the model conditions are not simply imposed as a matter of routine without careful assessment of the need for each condition. There is nothing in the new model conditions giving clear guidance to local authorities as to levels of remediation required for proposed uses which remains a major practical issue for some developers.

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