When it comes to obtaining planning permission in England, the process doesn’t always end when your application is approved. Many planning permissions come with conditions that must be satisfied before you can begin work on your development. These conditions could cover a range of factors, including design details, environmental impacts, or the provision of infrastructure, and the onus is on the developer to ensure these are discharged and complied with. In some cases, if the local planning authority (LPA) does not respond within the required timeframe, a deemed discharge of planning conditions may apply, allowing the development to proceed without formal approval. Our article covering Discharge of planning conditions: best practices for developers provides more information.
In some cases, once these conditions are fulfilled, the local planning authority (LPA) will formally “discharge” them, allowing the development to proceed. However, what happens if the LPA doesn’t respond in time, or if you’re unsure whether your conditions have been fully discharged?
This is where the concept of a “deemed discharge” comes into play. In this article, we’ll explain what a deemed discharge of planning conditions is, how it works, and when you might need professional help to navigate the process.
What Is a Deemed Discharge of Planning Conditions?
A deemed discharge occurs when a planning condition is considered to be automatically discharged without the local planning authority’s formal confirmation. This typically happens when the LPA fails to respond to your application to discharge the condition within a specific period ( 8 weeks). Essentially, if the authority does not make a decision within the prescribed time, the condition is automatically considered as “discharged.”
This mechanism is in place to ensure that developers are not unduly delayed by a lack of response from the planning authority. It gives applicants more certainty and allows development to proceed without waiting indefinitely for approval or feedback.
However, it is important to note that a deemed discharge doesn’t mean you have full permission to proceed with the development as planned. It simply means that the relevant planning conditions have been considered discharged because the LPA has not made a decision within the statutory time limit.
When Does Deemed Discharge Apply?
Deemed discharge applies when the following criteria are met:
- You Have Applied to Discharge a Condition: If your planning permission includes conditions that need to be approved (such as details of materials, landscaping, or construction methods), you must submit a formal application to discharge the condition. This is typically done through an application to the local planning authority, providing the necessary information to demonstrate that the condition has been met.
- The LPA Does Not Respond Within the Timeframe: Once you submit your application to discharge a condition, the LPA has a statutory period of 8 weeks to either approve or refuse the application. If the LPA does not respond within this timeframe, notice can be served on the LPA to allow deemed discharge, allowing you to proceed with your development.
- The Condition Is exempt from this process: Some planning conditions cannot be deemed discharged. For example, those relating to Environmental Impact Assessment (EIA) development and sites with European protected status; conditions relating to a planning permission which is likely to have a significant effect on a Sites of Special Scientific Interest (SSSI), relate to flooding, contaminated land, archaeology, etc. For a full list and information on the process see our article Deemed discharge of planning conditions.
The Process of Applying for the Discharge of Planning Conditions
While the concept of a deemed discharge helps keep projects moving, the process of applying to discharge conditions still requires careful attention to detail. Here’s an easy-to-follow guide to the steps involved in applying for the discharge of planning conditions:
Review the Planning Conditions
The first step is to carefully review the planning permission you received, paying particular attention to the conditions attached. Conditions can vary greatly in terms of their nature and the information they require for discharge. Some may require you to submit detailed designs, while others may need expert reports, such as an ecological impact assessment or heritage analysis. Be aware not all conditions require to be discharged.
Gather the Required Information
Once you understand what is needed, gather the necessary documentation and information to satisfy the conditions. This might involve submitting detailed plans, photographs, or third-party assessments to demonstrate that you have complied with the requirements of each condition.
Submit a Formal Application for Discharge
To apply for the discharge of a condition, you need to submit a formal application to the LPA. This is usually done through the online planning portal. The application form will ask for basic details of the planning permission, along with the documents or evidence that demonstrate compliance with the condition.
Wait for a Decision
Once you’ve submitted your application, the LPA has 8 weeks to respond. They may either approve the discharge, refuse it, or request further information. If they don’t make a decision within 8 weeks, you can progress with a deemed discharge notice. However, you should always keep a record of your submission to confirm that it was received within the appropriate timeframe.
Proceed with Development if Conditions Are Discharged
If the condition is discharged—either through a formal approval or through deemed discharge—you can proceed with your development as planned, as long as all other relevant conditions are met. However, if the condition is not discharged, or if further information is requested, you’ll need to work with the planning authority to address any outstanding concerns.
When Should You Seek Professional Help?
While the process for applying to discharge planning conditions may seem straightforward, there are some situations where seeking the help of a town planner or planning consultant can be extremely beneficial.
- Complex Conditions: Some planning conditions can be complex and require technical knowledge to comply with. For example, conditions related to environmental assessments, flood risk management, or transport plans may need expertise to ensure they are properly addressed. A town planner can help you navigate these complexities and ensure your application is complete.
- Dealing with Multiple Conditions: If your planning permission involves multiple conditions that must be discharged, keeping track of all requirements can become challenging. A planning consultant can help you organise your submissions, ensuring you meet all deadlines and provide the correct information for each condition.
- Refusals and Appeals: If your application to discharge a condition is refused or if there is a delay in the LPA’s response, a town planner can advise on your next steps. This might involve appealing the refusal or providing additional evidence to satisfy the authority’s concerns. A planning professional will know the best way to address such issues and improve your chances of success.
- Longer Timelines: Some planning conditions may involve longer review periods or require coordination with other authorities (such as environmental agencies or highways departments). If your project involves such conditions, a town planner can help you manage these timelines and ensure that all required approvals are obtained.
Why should I use a Deemed Discharge of Condition Notice?
A deemed discharge of planning conditions offers a valuable safeguard for developers, helping to ensure that projects are not held up by delays in the planning process. However, it’s important to understand that a deemed discharge does not absolve you from the requirement to comply with the planning conditions.
Related Content
Aswell as the articles highlighted in this blog, our Practical guide to planning conditions provides more information on this subject. If you need assistance then don’t hesitate to Contact Us for a free initial consultation. Of 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.
