There are often conditions attached to planning permissions that need further details to be submitted and approved by the council, for example, samples of materials. In these cases, additional information must be submitted for formal approval before the development starts. This is known as 'discharge of conditions'.
There are three main types of condition:
- Performance Conditions: These conditions do not need to be formally discharged
- Pre-Commencement Conditions: These conditions need to be formally discharged prior to the construction and or development starting on site
- Pre-Occupation Conditions: These conditions need to be formally discharged prior to the development being occupied
Once permission is granted please read the decision carefully to see if any of the conditions need to be discharged before development on site can start. If you commence work without discharging conditions you are at risk of enforcement action and of invalidating your permission.
Applications for the discharge of conditions can be made online by using the planning portal online application. You will need to select the application for Approval of details reserved by a condition in step 2.
A fee will be required. A letter should accompany the application listing all conditions you are seeking to discharge along with a corresponding list of all documents submitted that you consider to enable the condition to be discharged. The Planning Portal has additional guidance notes which are there to assist you in the preparation of your submission.
Each application has a single fee however the discharge of more than one condition can be sought per request. Currently it is £28 per request for householder applications and £97 for all others.
We will aim to give you a response on all discharge of condition requests within 8 weeks. The decision will list all conditions that have been discharged and reasons for not discharging them if we have not been able to do so.
Note: There is a right of appeal against conditions attached to a planning permission. The appeal must be made within six months of our decision. Further information from GOV.UK