There are often conditions attached to planning permissions that need further details to be submitted and approved by the council at certain stages of the development. This process is called ‘discharge of conditions’. An example of such could be agreeing details of bin and cycle storage prior to the development commencing.
If your planning permission has been granted, the decision notice will state any conditions that need to be discharged before development can begin and what details must be submitted to do so. If you start work without discharging conditions you are at risk of enforcement action and of invalidating your permission.
There are three main types of condition, the list below details if and when they require Local Authority approval:
- Performance conditions: Some performance conditions need to be formally discharged to ensure compliance with planning permission
- Pre-commencement conditions: These conditions need to be formally discharged prior to construction and or development starting on site
- Pre-occupation conditions: These conditions need to be formally discharged prior to the development being occupied
A fee is required for discharging conditions. Please refer to the fees schedule.
Apply to have conditions discharged
When applying, the application form you require is named ‘Approval of details reserved by condition’. You should include with your application any documents that you consider necessary to enable the condition to be discharged.
We aim to respond to your application within eight weeks. The decision will list all conditions that have been discharged. If we have been unable to discharge conditions we will provide you with the reasons why.
There is a right to appeal against conditions attached to a planning permission. That appeal must be made within six months of our decision.