Practical Guide to Planning Conditions

Today we’re going to look at the basics of planning conditions.  If you’ve secured planning permission for a development it’s highly likely that planning conditions will be attached to your approval, these will be shown on your Decision Notice.  Our article Understanding Planning Conditions gives you the top 5 things to know about them.

We know that it’s exciting when you receive your planning approval however if you don’t discharge your planning conditions you can jeopardise your entire development.  Check your conditions as soon as you receive your approval.

Some conditions must be complied with before development is started, some during the development process.  Other conditions regulate how works should be undertaken or require specific things to be carried out.  Conditions can also control or restrict future development or uses.

If you have conditions which require information to be submitted and agreed with the Local Planning Authority you need to be aware that discharging conditions can take a number of weeks which you need to plan into your build schedule.  Also, don’t forget about Building Regulations Consent which is a completely separate process to planning.

What do I need to submit to discharge Planning Conditions?

Conditions are discharged by supplying further details to us.  Adequate information to discharge planning conditions should be submitted to and approved in writing by the local planning authority before any works start on site.  The Planning Portal has an application form to help you with this process.

Who should Discharge Planning Condition’s?

It is the responsibility of the applicant, or any subsequent developer, to ensure that the requirements of all conditions are met in full. Any conditions that need to be discharged should be discharged at the relevant time.

Be aware that pre-commencement planning conditions are often attached to planning applications.  These should be discharged prior to beginning the development.

Failure to discharge conditions before commencing development could result in the development being unlawful or enforcement action being taken.

How long is the Discharge of Planning Conditions Process?

The Local Planning Authority have 8 weeks in which to discharge planning conditions, even with simple ones, don’t expect your application to be speed through the system.  Councils are struggling with resources and even the simplest application are being delayed.  So give yourself plenty of time.

 Costs for Discharging Planning Conditions

Costs are often forgotten by developers relating to conditions. Not only is there a fee to pay the Council to consider information relating to conditions but there can also be costs associated with providing the information such as further assessments which may be required or costs associated with additional works which must be carried out, such as offsite highway works.

The fee to submit a discharge of planning condition application is:

  • Householder permissions: £34
  • All other permission: £116

You can submit information relating to multiple conditions on one discharge of condition application.

What happens if the Council doesn’t Discharge my Conditions?

A Council can refuse to discharge planning conditions if they consider that the details provided are not sufficient.  Work with your Local Planning Authority to find a solution is our advice.

What is Deemed Discharge of Condition?

If there is a lack of a decision from the Council within the specified timescales, in a bid to speed up the process Notice can be served on the Council under The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended).  This is known as Deemed Discharge of a Condition.

Deemed discharge of a condition means that the local planning authority’s consent, agreement or approval to any matter as required by the condition is deemed to have been given.  There are specific types of conditions where this mechanism does not apply, such as those relating to flooding, contamination land, archaeology, highways etc.

If no decision is made to discharge the condition within 12 weeks, the local planning authority must return the fee to the applicant without further delay.  We’ve only had to use this once to speed up things and allow our client to progress with works – Planning Success, South Cambridge, Planning Conditions.

Can I amend/change a planning condition?

It is possible for you to apply to amend a condition, our article on How Do You Amend A Planning Permission – s96a v’s s73 blog covers the this in depth.

Be aware

Don’t forget that CIL (Community Infrastructure Levy) may also be required to be paid, make sure you know when and how much is required to be paid.

How can Planning House Help?

A town planner can provide you with the guidance you need for a smooth transition please feel free to CONTACT US to discuss your situation.  We’re not experts in flood risk however we work with some great consultants who are!

If you’re not sure we’re the right fit for you then take a look at our blog on When to Hire a Town Planner and our download on choosing a Town Planner to help you find a town planner that’s right for you.