DC Casebook: Waste management - Painting condition judged unreasonable

A Hampshire council's decision to impose a condition on a waste development has been judged inappropriate and unnecessary by an inspector who awarded costs to the appellant.

The condition stated that palisade and steel fencing around parts of the site and two storage units should be painted grey in accordance with a scheme approved by the council. The inspector noted that the site lay in an industrial area featuring a variety of colours and boundary treatments.

The condition did not require the grey colour to be kept, he reasoned, so it would be open to the appellant to repaint the structures at a later stage. In his opinion, the council's requirement would lead to an unjustified burden in complying with a condition that could not be enforced subsequently. Imposing the condition had been unreasonable and unnecessary and this justified an award of costs, he concluded.

DCS Number 100-068-988

Inspector Martin Whitehead; Written representations.

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