You’ve steered a development through the planning maze and secured permission, but does the hard work stop there? Not necessarily – to ensure a permission if implemented lawfully, compliance monitoring is key. In this article, we’ll unpack best practices for monitoring planning conditions and S106 agreements.
Understanding Requirements
To avoid enforcement action down the line, it pays to thoroughly comprehend requirements upfront through:
- Condition reviews: Careful scrutiny of what must be achieved, when and by whom.
- S106 agreement: Terms for affordable housing, open space, highways works will be clearly laid out in the agreement make sure you know timings and requirements.
- Discharge details: Application processes, evidence and timings for signing off conditions should be known.
What are the common pitfalls developers can face when discharging planning conditions?
- Not understanding the condition requirements fully – Failing to grasp precisely what evidence/actions are needed to satisfy each condition.
- Leaving it too late – Waiting until the very end of the condition discharge deadline to submit information, risking refusal due to insufficient time for review.
- Incomplete submissions – Forgetting to include all required documentation such as plans, photos, method statements for the Local Planning Authorities to properly assess compliance.
- Poor quality submissions – Submitting documentation that is unclear, poorly labelled, lacking in detail forcing requests for further information.
- Not future-proofing – Only providing minimum information needed at the time rather than demonstrating a permanent solution is delivered.
- Changes from the approved details – Carrying out works that deviate from what was approved in the condition without agreeing variations firstly.
- Poor record keeping – Failing to maintain an audit trail proving each condition’s requirements were met as specified.
- Unreliable contractors – When third parties are involved, not ensuring they fulfil obligations like providing documentation to the developer.
- Not maintaining post-completion – Assuming sign-off means no future liability if standards slip after discharge instead of ongoing compliance.
Being aware of these stumbling blocks, and carefully monitoring Planning Conditions and S106 Agreements, will help developers deliver complete, high quality submissions on time and avoid unnecessary costs or refusals down the line.
What additional tips can developers use when discharging planning conditions?
Taking a proactive, evidence-based approach sets developers up well to satisfy condition requirements and sign-offs efficiently, the following tips can assist any developer with satisfying planning condition, these can also relate to discharging any s106 planning obligations:
- Consider requesting a pre-condition discharge meeting with the case officer to clarify expectations, ask any questions, and agree on suitable evidence before submitting.
- Stage submissions by condition where possible, rather than trying to discharge everything at once. This allows conditions to be signed off progressively. There is additional costs with this but it could benefit a more complex scheme.
- Photographic evidence can be very helpful for conditions like materials or landscaping. Include photos showing “before” and “after” states, where relevant.
- Liaise with subcontractors/experts to coordinate submission of necessary information so you can plan a timescale for submission.
- Retain an experienced planning consultant to represent you formally at discharge meetings and respond on your behalf if needed.
Should I use a Planning Consultant to monitor Planning Conditions and S106 Agreements?
Planning consultants can play an important role in helping developers successfully discharge planning conditions:
- Advice – Consultants can advise clients on interpreting complex conditions and fulfilling requirements to specification.
- Project management – They can help oversee the overall discharge strategy, timelines and action tracking.
- Evidence collation – Consultants can work with clients and contractors to collate all necessary supporting evidence into coherent submissions.
- Quality control – They perform checks to ensure submissions are complete, accurate and formatted correctly before sign-off.
- Liaison – Consultants act as the key point of contact, maintaining relationships and communications with the local planning authority.
- Negotiation – They represent clients in pre-app meetings and negotiations if conditions need adjusting or clarity is required.
- Discharge meetings – Consultants can formally present submissions and respond to any authority queries or feedback in meetings.
- Technical input – On matters requiring specialist expertise like materials or landscaping details, consultants provide inputs.
- Documentation – Thorough file notes and record keeping is maintained centrally on the discharge project management.
Using a planning consultancy takes the administrative and technical burden off, allowing developers to focus on core construction works. Their specialist skills help ensure smooth, compliant discharges.
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In summary, gaining approval is just the first step – careful 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. Maintaining open communication with the local authority can help smoothly satisfy conditions and avoid potential delays.
You might be interested to read:
- Discharge of Conditions: Best Practice for Developers
- Practical Guide to Planning Conditions
- Practical Guide – Planning Obligations
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.
