Whilst discharge of conditions can be relatively straightforward, in this recent case in St Albans it was imperative that the conditions were submitted correctly and approved.
The approval of the details to discharge the relevant conditions was extremely important as they were submitted shortly prior to the expiry of the permissions (2 permission 2 discharge of condition applications). However, regardless of exceeding the timescale for implementing permissions (i.e. the decision to agree the conditions would be after the expiry of the planning permission) and as long as a material start on site is carried out before the expiry of the time limit, the development would be treated as being carried out in accordance with the decision notice and amounts to a lawful commencement of development. This ultimately ensures that the permission is extant, in accordance with the Whitley Principle*.
Thankfully St Albans City & District Council agreed the details were acceptable and discharged the relevant conditions. As long as the client commenced a material start on site prior to expiry of the permission their development would be extant.
Special thanks go out to all of the companies we worked with to pull everything together for this one in such a short space of time – especially Edwards Architecture.
We have had this issue on another scheme previously Planning Success – Residential Development Saved!
Related Content:
Gaining approval is just the first step in your development – adherence to all planning conditions is imperative for success. Take time upfront to thoroughly understand each condition and build the requisite timelines into your project plan.
You might be interested to read:
- Discharge of Planning Conditions: Best Practice for Developers
- Practical Guide to Planning Conditions
- Practical Guide – Planning Obligations
- Understanding Planning Conditions
More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider.
If you’re not sure if you need help from a Town Planner take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner.
* Whitley & Sons v Secretary of State for Wales (1992) 64 P&CR 296; R (Hart Aggregates Ltd) v Hartlepool Borough Council [2005] EWHC 840 (Admin); Bedford Borough Council v The Secretary of State for Communities and Local Government and Aleksander Stanislaw Murzyn [2008] EWHC 2304 (Admin); Greyfort Properties Ltd v SSCLG [2011] EWCA Civ 908
