Planning House were contacted by a developer to assist in discharging planning conditions which were outstanding on a planning approval or residential development. Some conditions can be confusing and it’s important not to get caught out with them.
There were a number of issues with the conditions which required our assistance. Planning House are delighted to have secured the discharge of conditions relating to Biodiversity Enhancements, Aboricultural works, Cycle Storage, Traffic Management and Surface and Foul Water Disposal.
Notwithstanding the submission of the applications to discharge the conditions to South Cambridgeshire District Council which is part of the Greater Cambridge Planning Service, notice was also served on the Council under The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended), due to the lack of a decision from the Council within the specified timescales, in a bid to speed up the process. 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,
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’re delighted our client secured discharge of the conditions and is now in a position to commence work on the site.
If you have received a planning approval it’s essential you know what conditions are attached, what they cover and how they can be complied with. Read out article Understanding Planning Conditions which details the top 5 things to know about planning conditions.