understanding planning conditions

Understanding Planning Conditions

Assuming the planning application is approved it is likely that there will be conditions attached to the planning permission. These usually consist of a requirement to obtain Local Authority approval such as ‘proposed materials samples’, ‘key window details’ or even ‘site access arrangements’ to be further approved.

Each application for discharging a condition will attract a fee payable to the Local Authority unless the development is listed building or in a conservation area therefore no fee applies.

For householders, a fee of £28.00 per request and £97.00 per request for all other types of development. It is thus our recommendation to seek only one request to discharge conditions attracting a single fee (£28.00 or £97.00) rather than making several discharges of condition applications over multiple times each attracting the standard fee.

Most requests for discharging conditions are dealt within an 8 week period however should no response is sent within 12 weeks from the date of receipt, all fees are refundable. It is always ‘best practice’ to discharge conditions in advance as some conditions could prevent you from starting work onsite.

If you undertake development without seeking formal discharge of the conditions on the planning permission. The Local Authority can take enforcement action as the development may be considered to be unauthorised.

The planning portal and planning guidance have more information on discharging or modifying conditions once planning permission is granted.