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If condition listed on an approved planning application does not have a valid reason list, is it still an enforceable condition ?

Nigel Marsh

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I have a planning approval for 3 holiday lets and a games room dated 2012. I purchased and developed the site in 2016-2018

To obtain approval in 2012 the Environment agency requested the following conditions to be added to ensure against their objection :

Condition 5:

"The development permitted by this planning permission shall only be carried out in accordance with the approved flood risk assessment  (FRA ) March 2012 and the following mitigation measure details within the FRA "

5.1: Identify and provide a safe route into and out of the site to an appropriate safe haven ( see the leaflet we put in each holiday let )

5.2: Floodproof measures, including structural construction, shall be installed with the proposed development, as set out within section 10.1 of the FRA up to the first-floor level

5.3: Finished floor level shall be set no lower than 5.6m above ordnance datum (AOD )



REASON, as stated on the planning consent :

5.1: To ensure safe access and egress from and to the site

5.2: to reduce the impact of flooding on the proposed development and future occupants

5.3: to reduce the risk of flooding to the proposed development and future and future occupants

5.4: to reduce the risk of flooding to the proposed developments and future occupants.


I want to remove condition 5.4 as to reason proposed is already mitigated because of 5.3 condition  and there is there is no proposed reason referred to which sleeping on ground floor would mitigate against .

In such a situation, can that condition be disregarded as unenforceable based on it should never have been added and has no reason to be?

 I have been issued a" Breach of Condition Notice " based on the alleged breach of 5.4 condition.

The FLA does not mention sleeping / on the ground floor .

I would welcome anybody view with recommendations or proposals to act for me .





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