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"Guidance Notes for an Application by Hammerson for removal or variation of a condition following grant of planning permission for Brent Cross Cricklewood (since we ain't ever gonna build it all, and really, we were only ever interested in the retail; we can sell off all the other parts with a bit of luck, although will their valuation reflect on them having credible planning permission?)"
"Planning conditions are often applied to the grant of planning permission. These limit and control the way in which the planning permission may be implemented. Conditions may be imposed on the grant of planning permission for regulating development or use of any land under the control of the applicant, requiring the carrying out of works on any such land, the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period.
Section 73 of the Town and Country Planning Act 1990 allows applications to be made for permission to develop without complying with a condition(s) previously imposed on a planning permission. The local planning authority can grant such permission unconditionally or subject to different conditions, or they can refuse the application if they decide that the original condition(s) should continue.
"The original planning permission will continue to subsist, whatever the outcome of the application under section 73. Section 73 will not apply if the period in the previous condition limiting the duration within which the development could begin has now expired without the development having begun.
"For more details regarding the use of conditions refer to Circular 11/95 http://www.communities.gov.uk/publications/planningandbuilding/circularuse
"It is often helpful to discuss your proposal before you send in your application, and to seek pre-application advice from your local planning authority. For details, please look at your local planning authority’s website."
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