Appeal 6007055

The appeal is allowed and planning permission is granted for Planning application - variation of condition 2 (approved plans) of DC/21/1142/FUL (allowed on appeal) to allow alternative lodges at [site address] , [site address] , [site address] , Suffolk [postcode] in accordance with the application [name]/25/1245/VAR, without compliance with condition number 2 previously imposed on planning permission [name]/23/0622 dated 19 June 2023 and subject to the conditions in the attached schedule.

The block plan shows the position of four CCTV poles (marked as No 7). While a drawing has been submitted (519 P5) detailing a CCTV pole with attached lighting, this does not match the poles marked as No 7 on the submitted block plan that I observed on-site, which were shorter in height. No drawing has been submitted for these smaller CCTV poles. My decision is therefore based on the CCTV poles in the locations marked as No 7 on the block plan, that I observed on site and not drawing 519 P5. However, my consideration excludes the lighting attached to the CCTV poles that I observed. This is because lighting is subject to separate consideration under one of the conditions of the original application, and moreover, I have limited details of a lighting design scheme before me. Lighting other than in accordance with that condition may be subject of enforcement action.

Planning permission was granted at appeal in November 2022 (Ref: APP/F3545/W/22/3301432) for the change of use of part of golf course for the siting of 15 caravan lodge holiday homes and associated infrastructure.

In 2023 permission was sought ([name]/2023/0622) to vary condition 2 of the previously approved application to allow an alternative design of lodges. This was approved in June 2023. This appeal seeks to vary the plans condition of that permission by seeking to regularise additional works that have been undertaken. This includes entrance gates, brick walls, carpark extension, cleaners store cupboard, CCTV poles, gas tanks, electricity substation, meter storage cupboard with bin storage area.

Since the determination of the application and during the course of the appeal the electricity substation was granted a certificate of lawful existing development (CLEUD) (Ref: DC/26/0568/CLE). This is an important material consideration.

The Planning Inspectorate on behalf of the Secretary of State (SoS) has considered information including the location of the appeal site and the characteristics of the development which is a variation of conditions for supporting infrastructure. The proposed development to which this appeal relates does not meet the required thresholds for Screening set out in Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and is not within or partly within a sensitive area as defined in Regulation 2. Therefore, it is not necessary to issue a formal screening direction from the SoS in this instance.

The main issue is the effect of varying condition 2 on the character and appearance of the area.

The appeal site is in a semi-rural, edge of settlement setting on land formerly part of the adjacent golf course, which lies to the north and east. The south eastern boundary is delineated by a belt of mature trees, beyond which is an industrial estate. Large commercial buildings are located to the south of the appeal site entrance on the opposite side of the A1101. Notwithstanding this, the presence of the golf course with trees and largely open views gives the appeal site a rural character.

Electric gates have been installed across the entrance to the appeal site, set back from the A1101. The gates adjoin a chain link fence that is located along the site boundary adjacent to the pavement. Constructed of vertical metal bars and painted black, their modest height and open design allows views through to the golf course and appeal site. Consequently, they do not have a harmful urbanising effect, or adversely affect the character and appearance of the area.

The brick walls displaying the dark green holiday lodge signage are located on either side of the entrance road into the appeal site. Modest in scale, constructed in red brick with a dark brick coping, the walls are attractive in their design. Given the close proximity of the buildings on the opposite side of the road, some of which are partially constructed in red brick, they do not harm the character and appearance of the area. Interested parties have made reference to the signage on the brick walls as being illuminated. However, the submitted plans do not detail any illuminated signage. Any deviation from this would be a matter between the local planning authority and the appellant.

The carpark has been extended beyond what was originally approved. However, the increase in size is minor and does not result in any material harm to the character and appearance of the area compared to the previously approved scheme. Given the distance of the carpark from the nearest residential properties, I am satisfied that the limited increase in the carpark would not result in any material adverse noise. The revised landscaping scheme proposes planting around the perimeter of the carpark, which I observed during my site visit. Once established, this will assist further in screening the carpark from views outside of the appeal site. I note the Council raised no concerns regarding the carpark.

A flat-roofed timber shed has been installed for use as a cleaners’ store cupboard. This is set back significantly from the main road and partially behind mature trees. Given its limited scale, flat-roof design and the fact that it is viewed in the immediate context of the lodges, it does not have a harmful visual effect on the rural character and appearance of the area.

A number of CCTV poles have been erected throughout the site, identified as No 7 on the submitted block plan. Given the position of these poles amongst the lodges and vegetation, coupled with their slender appearance and modest height, the poles do not appear as visually intrusive structures and do not have a harmful impact on the character and appearance of the area.

I observed that lighting was attached to the top of the CCTV poles. [name] have limited information on the lighting, such as luminance levels, lux, whether they are sensor operated and periods of operation, I cannot be sufficiently satisfied that the lighting would not have an adverse effect on the character and appearance of the area or on any commuting species. Therefore, as set out in the preliminary matters, my decision excludes the lighting. In any event, condition 11 of the original permission, to which this Section 73 variation of condition relates to, requires the submission of a lighting scheme. I will return to this matter in the conditions section of this report.

The Councils main concern is in relation to the three gas tanks, electricity substation and meter storage cupboard. These are all located close to the entrance of the appeal site and are visible from the road. Since the determination of the application, the electricity substation has been granted a Certificate of Lawfulness of [name] or Development (CLEUD) and therefore the Council accept that this is lawful development. This carries significant weight in the consideration of the substation.

Notwithstanding the CLEUD, the substation is not a large structure and is painted in a dark green recessive colour. The meter storage cupboard is a flat roof timber clad shed located close to the electricity substation. The bin storage area is to the rear of the meter cupboard and the bins are not visible. The gas tanks are located a short distance away from the meter cupboard. The gas tanks are low in height and are muted in their colour.

Despite the prominent location of the substation, gas tanks and meter cupboard at the front of the appeal site, their limited size and position in a spacious area ensure that, individually and collectively, they do not appear as overly dominant or visually intrusive utilitarian structures. Nor do they give a cluttered appearance to the site entrance. Furthermore, extensive tree and hedgerow planting is proposed along the front boundary. Once established, this planting will provide additional screening.

Overall, individually and collectively, I consider that the entrance gates, brick walls, carpark extension, cleaners’ store cupboard, CCTV poles (excluding lighting), gas tanks, electricity substation and meter storage cupboard do not cause any unacceptable harm to the character and appearance of the area and do not harmfully increase the visibility of the development within the green buffer between the settlements.

In conclusion, varying condition 2 by substituting the approved plans would not result in any material harm to the character and appearance of the area. It would therefore accord with Policy SP4 of the West Suffolk Local Plan (2025) (WSLP) which seeks to create well designed places, SP9 of the WSLP which seeks proposal to conserve and enhance biodiversity and SP24 of the WSLP which, amongst other matters seeks proposals to maintain the character of the area in which it is located.

Whilst the development is retrospective, I have found no unacceptable harm arising from the additional works. Furthermore, I have limited substantive evidence to suggest that the works were carried out intentionally without consent or that it has created a precedent to undertake any further retrospective works. My attention has also been drawn to wider incremental works undertaken at the [name] resort site and the lack of an overall masterplan. However, each case is determined on its individual planning merits with regard had to the site context, as I have done in this appeal.

Whether the additions are necessary or deemed essential infrastructure is not a matter for my consideration.

Comments have been drawn to my attention from an interested party that specifically relate to a previous Section 73 application (Ref: DC/23/0622/VAR) for alternative lodges. As these comments do not relate to the application subject of this appeal, these have not been taken into consideration.

I have carefully considered the appeal decision (Ref: APP/F3545/W/22/3301432) which originally granted permission for the holiday lodges. However, the Planning Practice Guidance (PPG) is clear that under Section 73 it is not a complete re-consideration of the application. [name] have set out in my reasoning I have found no unacceptable harm arising from the additional works that I have assessed in this appeal and as such consider that my decision does not undermine the original decision. The fact that the additional items under consideration in this appeal were not included in the original application does not adversely weigh against this proposal which I have determined on its planning merits.

Interested parties have raised concerns about landscaping and state that a number of mature trees have been lost since the original permission was granted, increasing the visibility of the site. They have drawn my attention to several policies in the WSLP, including LP7 (pollution), LP8 (health wellbeing), LP9 (well-designed places), SP7 (landscape), LP12 (trees) and LP27 (tourism) which they consider the proposal conflicts with. [name] have had regard to these policies, the Council did not identify any conflicts with them. Given my conclusions on the main issue and in the context of this appeal, I find no reason to come to an alternative view. Interested parties also raised concern that the proposal conflicts with other policies including DM13, DM34, DM42 and CS4. However, these policies appear to relate to the previous local development plan and have now been superseded.

I note the comments from the Council’s Tree Officer that two trees have suffered ground disturbance due to the construction of the substation and brick wall for the signage, and that this necessitates the removal of one of those trees. I note the Tree Officer does not object to this. Although the loss of a tree is regrettable, given the proposed landscaping, I see no reason to disagree with its removal.

Interested parties have raised concerns regarding alleged breach of conditions, including in relation to the position of the caravans, use of the caravans and minimum letting term. Any concerns regarding an alleged breach of planning control should be raised with the local planning authority and is not within my remit to consider in this appeal.

Concerns have been raised that the enlarged parking area will lead to highway safety concerns. There is limited substantive evidence before me to indicate that highway safety would be compromised as a result of the increased carpark size.

The appeal site is within the zone of influence of the Breckland Special Protection Area and Special Area of Conservation. The qualifying features of the SPA are the heathland breeding birds and the grassland heaths for the SAC. The evidence indicates that the pathways of impact on the SAC and SPA are from recreational disturbance arising from increased visitors.

The application does not seek to increase the number of lodges and therefore there would not be an increase in harmful recreational visitor disturbance. Accordingly, either alone, or in combination with other projects, it will not lead to a likely significant adverse effect on the integrity of the SPA and SAC. Consequently, under the Habitat Regulations there is no need for me to undertake an appropriate

Under a Section 73 application, the original permission is not at risk and remains intact and unaltered and a new planning permission is created. The PPG makes clear that decision notices for the grant of planning permission under s73 should also restate the conditions imposed on earlier permissions that continue to have effect.

[name] have no information before me about the status of the other conditions imposed on the original planning permission, I shall impose all those that I consider remain relevant. In the event that some have in fact been discharged, that is a matter which can be addressed by the parties.

Under Section 73 the decision maker can also attach new conditions, to not attach conditions previously imposed or to attach modified versions of them.

As the development has already started it is unnecessary for me to attach the commencement of development condition.

I have amended the wording of the ‘pre-occupation’ conditions. As this is a retrospective case and the holiday lodges are now in use, such conditions must be adapted to set a timetable for compliance, and a ‘sanction’ for non-compliance in order to be enforceable. There is a strict timetable for compliance because permission is being granted retrospectively, and it is not possible to use a negatively worded condition to secure the approval and implementation of the outstanding matters before the development takes place. The conditions will ensure that the development can be enforced against if the requirements are not met.

I have imposed a condition specifying the relevant drawings, including the relevant substituted plans, as this provides certainty. For this same reason, it is necessary to impose condition 23 to control the number of caravans and to ensure they meet the relevant statutory definition.

To ensure a satisfactory appearance to the development, conditions 2 and 6 are necessary. I have amended the wording of condition 6 to reflect the landscaping details submitted and the timing of implementation. Conditions 3 is necessary to ensure adequate drainage and conditions 4 and 5 are necessary for flood prevention and mitigation. Condition 7 is necessary for the protection of trees. Condition 8 and 9 are necessary for ecological enhancement.

Condition 10 (formerly condition 11 of the original application) requiring the submission of lighting scheme is necessary to ensure no adverse effects on the locality. For the reasons that I have set out in the preliminary matter section, my decision has excluded the lighting attached to the CCTV poles. However, as the lighting has been installed, it is necessary to modify the wording of the original condition to also include ‘prior to operation of any lighting.’

To adhere to the spatial strategy in the development plan and secure economic benefits, condition 11 is necessary to limit occupancy to holidaymakers staying for short periods. This would also safeguard local infrastructure.

To safeguard archaeological deposits, condition 12 is necessary. For reasons of highway and pedestrian safety, conditions 13, 14, 17 and 19 are necessary. To ensure appropriate access to the site, conditions 15 and 21 are necessary.

To minimise any adverse impacts on nearby occupiers, condition 16 is necessary. To ensure sustainable modes of transportation are encouraged, condition 18 is necessary. In order to protect and enhance biodiversity and prevent an adverse effect on the integrity of the [name], condition 22 is necessary. To ensure appropriate space is provided for waste, condition 20 is necessary.

In the interests of public safety and to ensure the quality of the golf course as a recreational asset is not diminished; it is necessary to secure the proposed alterations to the course.

For the reasons given above I conclude that the appeal should succeed. I will grant a new planning permission, varying condition 2 and restating the undisputed

The development hereby permitted shall be carried out in accordance with the following approved plans and documents: Site Location Plan 467 SL1 A As Built Block Plan 519 BPE1 LVL BP1 519 P1 (elevations of gates and wall) 519 P2 (elevations of LPG tanks and electricity substation) 519 P3 (elevations of electricity metre cupboard and cleaners storage room) 519 P4 (car park) Layout with [name] 467 FP1 [name]-L001 REV C01 [name]-L004 REV C01 LVA 2213-GUA-DOC-L-001 Tree Survey and AIA 9511 [name] and 9511-[name] course Alteration Plan SUFF.806 [name] 3BD FLOOR PLAN, WOODBURY 3DB ELEVATIONS, [name] 4 BED 4DB FLOOR PLAN and WOODBURY 4DB ELEVATIONS.

The timber cladding installed on the lodges/caravans shall be retained in accordance with the details submitted to and approved in writing by the Local Planning Authority. No alterations to the approved cladding shall take place without the prior written approval of the Local Planning Authority.

Unless the approved flood risk assessment and strategy for the disposal of surface water produced by [name] (Dated: May 2021, Ref: 195/2020/[name] P2) is implemented within 3 months of this decision, the occupation of the lodges within the site shall cease until such time as the scheme has been implemented. Upon implementation of the approved flood risk assessment and strategy for the disposal of surface water produced by [name] (Dated: May 2021, Ref: 195/2020/[name] P2), that scheme shall thereafter be managed and maintained in accordance with the approved strategy. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

The development hereby approved shall be implemented in accordance with the Construction Surface Water Management Plan details approved under application DCON(A)/21/1142 (Construction Surface Water Management Plan - 324/2022/CSWMP-P1 received 22nd February 2023).

Unless within 3 months of the date of this decision a surface water drainage verification report detailing and verifying that the surface water drainage system has been inspected and has been built and functions in accordance with the approved designs and drawings, is submitted in writing to the local planning authority for approval, the use of the lodges hereby permitted shall cease until such time as a verification report is submitted. The report shall include details of all SuDS components and piped networks, in an agreed form, for inclusion on the Lead Local Flood Authority's Flood [name]. If no verification report in accordance with this condition is approved within 9 months of the date of this decision, the occupation of the lodges shall cease until such time as a scheme approved by the local planning authority is implemented. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

All planting comprised in the approved details of landscaping (GUA-DR-L001 REV C01 and GUA-DR-L-004 REV C01) shall be carried out in the first planting season following the date of this decision. Any planting removed, dying or becoming seriously damaged or diseased within five years of planting shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.

The development hereby approved shall be implemented in accordance with the details set out in the Tree Survey, AIA and [name]. 8815 and the trees to be retained as shown on the approved soft landscaping scheme GUA-DR-L001 REV C01 shall be protected during construction in accordance with BS 5837:2012 - Trees in relation to construction - Recommendations. The protective measures contained with the tree report shall be implemented prior to commencement of any development, site works or clearance in accordance with the approved details, and shall be maintained and retained until the development is completed. Within the root protection areas, the existing ground level shall be neither raised nor lowered and no materials, temporary buildings, plant, machinery or surplus soil shall be placed or stored thereon. If any trenches for services are required within the fenced areas they shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 25mm or more shall be left unsevered. Any trees shown to be retained removed, dying or becoming seriously damaged or diseased within five years of commencement shall be replaced within the first available planting season thereafter with a replaced with the same species tree unless the Local Planning Authority gives written consent for any variation. Any retained trees removed, dying or becoming seriously damaged or diseased within five years of commencement shall be replaced within the first available planting season thereafter with planting of similar size and species unless the Local Planning Authority gives written consent for any variation.

Unless all mitigation and enhancement measures and/or works contained in the Ecological Impact Assessment report ([name], November 2020) and [name] ([name], July 2021), are implemented within 3 months of this decision, the occupation of the lodges within the site shall cease until such time as the scheme has been implemented. Upon implementation of the mitigation and enhancement measures, they shall thereafter be retained and maintained. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

Unless within 3 months of the date of this decision a [name] and [name] for protected and Priority species, is submitted in writing to the local planning authority for approval, and unless the approved scheme is implemented within 3 months of the local planning authority’s approval, the use of the lodges hereby permitted shall cease until such time as a strategy is approved and implemented. The content of the [name] shall include the following: a) Purpose and conservation objectives for the proposed enhancement measures; b) detailed designs to achieve stated objectives; c) locations of proposed enhancement measures by appropriate maps and plans; d) persons responsible for implementing the enhancement measures; e) details of initial aftercare and long-term maintenance (where relevant). If no strategy in accordance with this condition is approved within 9 months of the date of this decision, the occupation of the lodges shall cease until such time as a scheme approved by the local planning authority is implemented. Upon implementation of the approved strategy specified in this condition, that strategy shall thereafter be maintained. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

Prior to installation or operation of any external lighting on the application site or along the linking foot paths, a lighting design scheme shall be submitted to and approved in writing by the local planning authority. All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in the approved form. Under no circumstances should any other external lighting be installed without prior consent from the local planning authority.

The caravans hereby permitted shall only be occupied for holiday use and shall not be used for permanent residential accommodation. No letting shall exceed a period of three months and no lodge shall be occupied by any one individual for a period exceeding three months within a calendar year. The owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of individual lodges on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority.

Unless within 3 months of the date of this decision a site investigation post investigation assessment in accordance with the programme set out in the [name] of Investigation approved under application DCON(A)/21/1142 and the provision made for analysis, publication and dissemination of results and archive deposition has been completed and submitted to the Local Planning for approval, the occupation of the lodges shall cease until such time as a scheme is approved and implemented. If no site assessment in accordance with this condition is approved within 6 months of the date of this decision, the occupation of the lodges shall cease until such time as a scheme is approved by the local planning authority. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

The access shall be laid out and constructed in accordance with the details approved under DCON(A)/21/1142 its entirety prior to any other part of the development taking place. Thereafter the access shall be retained in its approved form.

The development shall be implemented in accordance with the drainage details submitted under DCON(A)/21/1142 and shall be carried out in its entirety before the access is first used and shall be retained thereafter in its approved form.

The development shall be implemented in accordance with the details of the internal road and footpaths, (including layout, levels, widths, gradients, surfacing, means of surface water drainage), as submitted and approved under DCON(A)/21/1142. Unless the approved scheme is implemented in accordance with the approved details within 3 months of the date of this decision, the occupation of the lodges within the site shall cease until such time as the scheme has been implemented in accordance with the approved details.

Unless within 3 months of the date of this decision, a site management plan is submitted in writing to the local planning authority for approval, and unless the approved management plan is implemented within 3 months of the local planning authority’s approval, the use of the lodges hereby permitted shall cease until such time as a management plan is approved and implemented. The management plan should outline "site rules" and how they will be implemented to ensure noise and anti-social behaviour are adequately controlled. If no scheme in accordance with this condition is approved within 9 months of the date of this decision, the occupation of the lodges shall cease until such time as a scheme approved by the local planning authority is implemented. Upon implementation of the approved scheme specified in this condition, the development shall be operated in accordance with the site management plan thereafter. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

Clear visibility at a height of 0.6 metres above the carriageway level shall be provided at the site access and thereafter permanently maintained in that area between the nearside edge of the metalled carriageway and a line 2.4 metres from the nearside edge of the metalled carriageway at the centre line of the access point and a distance of 120 metres in each direction along the edge of the metalled carriageway from the centre of the access. Notwithstanding the provisions of Part 2, Class A of the Town and Country Planning (General Permitted Development) Order 2015 amended (or any Order revoking and re-enacting that Order) no obstruction over 0.6 metres high shall be erected, constructed, planted or permitted to grow within the area of the visibility splays.

The areas to be provided for the loading, unloading, manoeuvring and parking of vehicles including secure cycle storage and electric vehicle charging points shall be implemented in accordance with the approved details submitted under DCON(A)/21/1142 and shall be retained thereafter and used for no other purpose.

Unless the proposed access onto the A1101 is properly surfaced with a bound material for a minimum distance of 10 metres from the edge of the metalled carriageway, in accordance with details previously submitted to and approved in writing by the local planning authority within 3 months of this decision, the occupation of the lodges within the site shall cease until such time as the scheme has been implemented. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

Waste storage, presentation and collection of Refuse/Recycling shall be in accordance with the details approved under DCON(A)/21/1142 and they shall be retained thereafter for no other purpose.

Unless within 3 months of the date of this decision, and notwithstanding the approved drawings, details of a footway link to [site address] as shown on drawing 467 FP1 D and precise details of a footpath link to facilitate a circular walk around the golf course is submitted in writing to the local planning authority for approval, and unless the approved scheme is implemented within 3 months of the local planning authority’s approval, the use of the lodges hereby permitted shall cease until such time as a scheme is approved and implemented. If no scheme in accordance with this condition is approved within 9 months of the date of this decision, the occupation of the lodges shall cease until such time as a scheme approved by the local planning authority is implemented. Upon implementation of the approved scheme specified in this condition, that scheme shall thereafter be retained in its approved form. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

Unless within 3 months of the date of this decision, detail/locations of the signage, information boards and detail of the information sheets aimed at promoting the use of local footpaths and leisure facilities, alongside a strategy and timetable for their provision is submitted in writing to the local planning authority for approval, and unless the approved details are implemented within 3 months of the local planning authority’s approval, the use of the lodges hereby permitted shall cease until such time as a scheme is approved and implemented. If no scheme in accordance with this condition is approved within 9 months of the date of this decision, the occupation of the lodges shall cease until such time as a scheme approved by the local planning authority is implemented. Upon implementation of the approved scheme specified in this condition, that scheme shall thereafter be retained in its approved form. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined.

No more than 15 caravans shall be sited on the site at any one time. Any caravan sited at the site shall fall within the definition of a caravan as set out in the [name] and Control of Development Act 1960 (as amended) and the Caravan Sites Act 1968. Unless already listed in Condition 1, no other caravan styles shall be stationed at the site without details having first been submitted to and approved in writing by the local Planning Authority.

Unless the golf course is remodelled in accordance with the details set out in the [name] and [name] and [name] within 3 months of this decision, the occupation of the lodges within the site shall cease until such time as the scheme has been implemented. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined. **End of conditions**