Part 1: Planning Planning Conditions Section 14: Restrictions on power to impose planning conditions
This section inserts a new section 100ZA into the Town and Country Planning Act 1990. Section 100ZA provides the Secretary of State with the power to make regulations about what kind of conditions may or may not be imposed on a relevant grant of planning permission, that is any planning permission to develop land granted further to an application made under Part 3 of the Town and Country Planning Act 1990, and in which circumstances. Under this section, the Secretary of State can only make provision in regulations if and to the extent that the Secretary of State is satisfied that such provision is appropriate for the purpose of ensuring that conditions imposed by local planning authorities are necessary to make the development acceptable in planning terms, relevant to the development and planning considerations generally, sufficiently precise to make them capable of being complied with and enforced, and reasonable in all other aspects - in line with the policy tests on conditions in the National Planning Policy Framework. The section also contains a requirement to carry out a public consultation before making any such regulations.
	This section further requires a local planning authority to obtain the written agreement of the applicant to the terms of any pre-commencement conditions before granting planning permission subject to any such conditions. A ‘pre-commencement condition’ is a planning condition imposed on a grant of planning permission, which the applicant must discharge before development ( any building or other operations or a material change in the use of any buildings or other land) can commence on site. The Secretary of State can set out in regulations subject to the negative procedure circumstances in which this requirement does not apply. As with any regulations made under subsection (1), there is a requirement to carry out a public consultation in advance of prescribing such exclusions.
	This section also requires the Secretary of State to provide local planning authorities with guidance, which he may amend, on section100ZA and any regulations which are made under powers in this section.
	This section extends to England and Wales but applies to England only.