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 as quickly as possible to enable applicants to start or progress works on site promptly. Remember though, 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
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 is £43 for householder developments, and £145 for all other developments, per request.
Please be aware that your application will be determined in accordance with the information provided at the point of submission. The Local Planning Authority will not accept revisions or amendments to information once the application has been submitted. If you wish to check the acceptability of any details prior to the submission of a Discharge of Conditions application this can be done so via the Council’s Pre-Application Advice Process, details on the link below:
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 | Document |
|---|---|
| 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 Special Application Types- Application for Approval of Details Reserved by Condition.
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
How much does it cost?
Use the online fee calculator to work out the fee for your specific application. The current fee is £43 for householder developments, and £145 for all other developments, per request.
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 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.
Confirmation of Compliance with a Condition
If you require confirmation that a planning condition/s (not including a condition requiring works to commence within a specified timescale) has been complied with you will need to submit a standard Discharge of Conditions form (full title of the relevant form is ‘Application for the Approval of Details Reserved by Condition’) to set out the details of which condition/s you are seeking confirmation of compliance with.
The fee for the application is £45 if the original permission was a Householder application or £145 for all other application types. A request can cover one or more conditions or limitations.
If the Local Planning Authority considers that the condition has not yet been complied with, they will explain what remains to be done and issue confirmation of compliance when satisfied, unless enforcement action or a retrospective planning application would be more appropriate.
Where an applicant makes more than one request for confirmation of compliance in order to amend or revise the details to comply with a condition, a fee has to be paid each time as if it were the first such request.
A request for confirmation of compliance must be determined within 12 weeks.
Please note, if you are seeking confirmation that a material commencement has been made to an application an application for a Certificate of Lawful Development for Existing Use will be required. Details of which can be obtained via the link below: