You should not be too discouraged by ministerial guidance, which, as found in para 40 of the Annex to DOE Circular 11/95, purports to restrict the power to impose such a condition to cases where there are “at least reasonable prospects” of the relevant action being performed within the time limit imposed by the permission. Two recent decisions, the later being Shina v Secretary of State for the Environment, Transport and the Regions [2001] PLSCS 285, affirm that, while such guidance has to be taken into account as a material consideration, it does not in any way bind the decision maker to comply with it without having regard to other material considerations.
For a wider perspective, see
Q We are about to apply for consent for a residential development. The only foreseeable snag is our need to acquire access over an adjacent site so that we can comply with local highway policy. The owner of that site is playing hard to get, but we should eventually come to terms. Is this a reason for us to delay our application?
A No. This seems to be a case for inviting the planning authority to clause their permission with a so-called Grampian condition, which will effectively put part or all of your proposal on ice until the required access is in place.
You should not be too discouraged by ministerial guidance, which, as found in para 40 of the Annex to DOE Circular 11/95, purports to restrict the power to impose such a condition to cases where there are “at least reasonable prospects” of the relevant action being performed within the time limit imposed by the permission. Two recent decisions, the later being Shina v Secretary of State for the Environment, Transport and the Regions [2001] PLSCS 285, affirm that, while such guidance has to be taken into account as a material consideration, it does not in any way bind the decision maker to comply with it without having regard to other material considerations.
For a wider perspective, see Discordant voices, contributed by Martin Edwards and John Martin in Estates Gazette 13 May 2000, p143.
