A potentially unnecessary planning condition raises doubts about the rationality of other aspects of the local planning authority's determination

Headnote

ANALYSIS

Circular 11/95: The Use of Conditions in Planning Permissions lays down a sixfold test for the validity of conditions. The first of the six requirements is that the condition must be necessary. As a matter of policy, a condition ought not to be imposed unless mere is a definite need for it.

In Champion v North Norfolk District Council C20133 EWHC 1065 (Admin) the claimant, a member of a local action group, sought inter alia to quash the grant of planning permission by the local planning authority ("LPA") for the erection of two silos to store barley, together with associated works including a surface...