Discharge of Planning Conditions

Discharge of Planning Conditions

What is it?

Put simply, It means things you either have to do or must not do when using your planning permission.

It is important to note that conditions must be necessary, relevant to planning, reasonable and enforceable. For example, the main condition is usually a time limit, which is mostly three years. It is important to pay attention to them, as some of the conditions can apply before, during and/or a build. For example, before starting a build it is likely you will need to focus on Parking and Drainage.

How do I do It?

There is a fee attached to the Discharge of Conditions and your Planner can advise you of this.

You will need to complete an ‘Application for approval of details reserved by condition’ form, available on the Council’s website. Here you can list of the conditions you want to discharge, but you will need to provide sufficient evidence of how you have met the conditions.

How long will It take?

The planning authority should give you a decision within eight weeks of receiving your application. If the information provided is not acceptable, you will be informed by the planning officer that further information is required. The officer has the right to refuse to discharge your condition(s) until such information is received. If an application is not determined within 12 weeks the fee has to be repaid.

Can I Ask the Planning Authority to Amend or Remove My Conditions?

Yes and this is known as a Section 73 application, because of the legislation it comes from (Town and Country Planning Act 1990). The disadvantage of a Section 73 application is that you are dealing with the same planning authority that imposed the conditions in the first place, so you will need a strong argument to make them change their minds.

Can I Appeal Against Planning Conditions?

You can, but you will need to do it within 12 weeks (if you are appealing as a householder) or six months of your original planning permission approval. Your appeal goes to the Planning Inspectorate, and you need to be able to argue that the condition or conditions are unfair, unreasonable or unlawful.

The appeal process can take up to six months, and you can’t start building work during that time. It is also worth noting that as the whole of your original planning application will be reviewed, you could lose your planning permission altogether.

What can happen if you don’t discharge planning conditions?

If you fail to discharge planning conditions, it could make your permission invalid.

You could have to apply for planning permission again, with no guarantee of acceptance. Or, you could end up with action against you, including but not limited to prosecution.

How Aspbury Planning can help you

We provide comprehensive planning support for both householders and larger projects. We can help navigate you through the planning process from beginning to end, get in touch today to see how we can help.