Discharge Planning Conditions
There are often conditions attached to planning permissions that need further details, for example, samples of materials. This additional information must be submitted to us for formal agreement - known as 'discharge of conditions'.
When planning permission is granted subject to conditions, it's the responsibility of the applicant, or any subsequent developer, to ensure that the terms of all conditions are met in full. The conditions will outline specific points in your development when details should be submitted to us for approval.
For example: Some conditions must be complied with before development is started (known as pre-commencement conditions), others regulate how the work is undertaken or require actions before a building is occupied or used.
You should allow plenty of time for your submissions be considered and approved (discharged) by us. Please don't leave them until the last minute, when you want to start your project,
We aim to deal with discharges of conditions in as timely a way as possible to enable applicants to start or progress works on site promptly, but remember there may be long lead times to order bricks, roof slates and other materials etc. or to undertake necessary surveys or reports.
If you start work on site or carry on with works without first discharging relevant conditions, we won't be able to formally discharge them - this may result in development delays or other difficulties. It may also leave you open to Enforcement Action by the Council.
If you require help with applying for your Discharge of Condition application, our Duty Planner may be able to assist you.
How to apply / make a submission
Applications to discharge a condition and to pay the necessary fee are best made online through the Planning Portal using the application form entitled ''Application for Approval of Details Reserved by Condition''
Use the online fee calculator to work out the fee for your specific application. The current fee as at (April 2019) is £34 for householder developments, and £116 for all other developments, per request.
Please note: If additional information is to be sent to us, clearly label any documentation with the Planning Portal reference number (format PP-12345678)
If you're applying to discharge multiple conditions at the same time, please provide a table or drawing/document register identifying which information relates to which condition. Technical documents should be clearly labelled on the top cover identifying which condition number and permission reference number the document relates to.
An example table is shown below:
|Condition 3: Landscape|
|Condition 5: Drainage|
|Condition 9: Cycle parking|
More information about documents to submit with a discharge of conditions applications can be found in the Planning Validation Checklist.
What happens if I do not discharge my conditions?
Commencement of development, prior to the discharge of relevant conditions may lead to formal enforcement action by the Council which could affect the future sales of the property.
What is the process?
- On receipt, the application will be given a reference number.
- When the completed application is received (including the relevant fee) it will be acknowledged by email.
- A case manager will be assigned to manage any consultations and to process the decision
- You will be able to track consultation responses to the submission via our Online planning search
How long will it take to receive a decision?
- A decision on your submission will normally be made within 8 weeks of submission
- Our formal decision will be stated on a decision notice
- The decision notice will list the approved documents (if applicable)
- The decision notice will explain why the application was refused (if applicable)
- The decision notice will be posted on our website
- A copy of the decision notice will be emailed to the applicant
If I have more than one condition to discharge, will I have to pay a fee for each condition?
No, a fee is charged for each request. Therefore if you apply to discharge all the conditions at once, you will only be charged one fee. However, if you send in details for each condition separately, these will be counted as separate 'requests' and you will have to pay further fees.
Will I be charged again if you do not approve details submitted for discharge of conditions and I submit revisions or further information?
No, where an exchange of information is ongoing, a further fee will not be required.
Will I be charged again if I want to revise details already approved for discharge of conditions or a refusal to discharge has been issued?
Yes, you would be charged again. There is no 'free go' for these submissions.