<b><b>Joshua Risso-Gill of law firm Denton Wilde Sapte looks at the case law affecting the use planning conditions for new developments and finds that conditions can be a help as well as a hindrance</b></b><br><b>Complying with planning conditions is often seen as a necessary evil, involving delay and cost, before the value of a site can be realised. But with the right approach, conditions can be managed effectively to enable appropriate development. To achieve this, it is helpful to grasp the main legal principles on which conditions can be imposed and some practical guidance as to how developers can influence the process favourably. </b><br><b><b>No free rein</b></b><br> Conditions are meant to enable or enhance development, the impact of which would otherwise be unacceptable. Although common, conditions are not compulsory. Section 70(1) of the Town and Country Planning Act 1990 provides that when determining an application for planning permission, a local authority: &amp;"(a)..... may grant planning permission, either unconditionally or subject to conditions as they think fit; or (b).... may refuse planning permission.&amp;" <p></p><p>&amp;"As they think fit&amp;" does not give planning authorities a free rein. The leading case is Newbury District Council -v- Secretary of State for the Environment [1981] AC578, which set …