Discharge of Conditions

Planning conditions are used for several reasons, including the implementation or building of a development. Typical conditions specify the start of development within a certain time period (for example within three years from the date of approval). They may require development to be carried out in accordance with certain materials or relevant drawings. These conditions (or other legal agreements) can also be added to require contributions, by action or monies paid towards improving local highways, education provision, open space or other facilities.

Some planning conditions have ongoing requirements, often in perpetuity. For example, to restrict permitted development rights, limit the use of a building, or preventing/requiring changes, including certain features or elements that must remain in place throughout the life of the development.

Planning conditions are also used to require further information to be approved. The wording of conditions varies and may require information to be approved by the local planning authority before any development commences.  For example, before works above ground level commence or before the occupation of the development. The wording of conditions is critical. It may specify when the information is required,  whether it builds on assumptions made within the application, whether it presents new information or if it requires further consultation (for example in relation to highways, land contamination or ecological matters).

Before any planning application is decided it can be beneficial to agree on the need and specific wording of planning conditions. Plande can prevent certain conditions from being added by justifying that they are not needed or appropriate. We can provide relevant information before the application is determined, which may prevent a discharge of a planning condition application from being required. We can agree on the specific wording of a planning condition which can save time and money.

Where planning permission contains planning conditions that require further approvals, a formal application to the council is required. Such discharge of planning conditions applications requires the completion of a planning conditions discharge form. This is submitted along with a fee and any relevant information. Applications may require the submission of supporting information, including reports, drawings and in some cases actual physical samples of proposed building materials, depending upon the nature of relevant planning conditions.

Often, approvals will have several conditions that require the discharge of planning conditions. It may be preferable to submit multiple applications, dealing with conditions individually, or a single discharge of planning condition application covering all applications.

Not all planning conditions will need to be discharged. This depends on the wording and requirements. Careful consideration will be required to ensure development can be lawfully implemented, completed and occupied. Errors made in failing to deal with the relevant planning conditions can cause delays and can even invalidate planning permission.

At Plande, we deal with submitting discharge of planning conditions applications. Contact us today to discuss your requirements.

Where a developer disagrees with or wants to change a planning condition added to any approval, a ‘variation of condition’ application can be made. Such variation applications are made where requirements are added to conditions. For example, the passage of time, where they are not relevant or appropriate anymore, where developers want to alter an approved scheme, or where the LPA have added conditions. These could be where they were not agreed before or have subsequently become unsatisfactory.

It may be possible to remove a planning condition by submitting a ‘removal of condition’ application. It carries similar issues as the ‘variation of condition’ application above. A ‘removal of condition’ application may be required or advantageous, to enable the development or to prevent ongoing restrictions.

Examples of such removal of conditions could be to prevent permitted development restrictions or restrictions of certain operations or activities.

Section 73 of the Town and Country Planning Act 1990 allows for applications to be submitted for the removal or variation of a condition following the grant of planning permission. Such provisions shouldn’t be confused with the process of approving planning conditions (see discharging planning conditions above). There are certain aspects that can’t be dealt with under a Section 73 application, including but not limited to the description of development.

See also our page on non-material amendments and minor material amendments