Why are conditions imposed on a planning permission and Listed Building Consent applications?
When used properly, conditions can enhance the quality of development and enable development to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects. Any planning condition must meet the six tests set out in the National Planning Policy Framework:
- necessary;
- relevant to planning;
- relevant to the development to be permitted;
- enforceable;
- precise; and
- reasonable in all other respects.
Your planning application has been approved – what you need to do now?
Check your planning permission carefully to ensure that there are no errors in it. If there are, contact the Planning Department immediately quoting the reference number and setting out clearly what you think is wrong.
Identify which conditions require you to submit further details or information, and when these have to be complied with. Some conditions must be complied with before a development is started, some regulate how the work is undertaken, others require actions before a building is occupied or a use commences whilst certain conditions will seek to regulate how the completed development is to be used or control possible changes in the future.
If you are unhappy about any of the conditions imposed you can lodge an appeal with the Planning Inspectorate but you must do so within 6 months of the date of the decision. Talk to the Case Officer who dealt with your specific scheme if you want to explore this further as any commencement during the appeal process may invalidate the consent.
Complying with conditions
The length of time that the permission is valid is set out within the decision notice; if work is not started within that time the permission will lapse. Before starting work you must discharge (that is provide the Council with the information required and gain written approval) for all pre-commencement conditions. All pre-commencement conditions should have been agreed with the Case Officer before issuing the decision.
Discharge of condition (DOC) applications
When applying for a condition to be discharged ensure that the information, details and/or drawings submitted are comprehensive and meets the condition requirement. A condition is only discharged when written approval is given by the Local Planning Authority (LPA) by formal letter.
How discharge of condition applications will be assessed?
Applications for discharge of condition will seek to make a decision within eight weeks (For Environmental Impact Assessment (EIA) applications this is 16 weeks).
If your DOC application is pursuant to a non major application.
- A determination will be made within the statutory time frame based upon the information provided at point of submission.
If your DOC application is pursuant to a major application
- If additional information is required, the LPA will offer one opportunity to submit this information before determining the DOC application.
Where the Local Planning Authority consider that insufficient information has been provided, a formal discharge of condition letter will be issued and a further DOC application will be required (with the appropriate fee).
How to submit a DOC application and what are the current fees?
All information can be found on the Planning Portal. Approval (Discharge) of conditions - Consent types - Planning Portal
When to submit the information
Do not leave the discharge of conditions until the last moment. Allow adequate time for the LPA to respond to your request to discharge conditions, as the LPA may need to seek specialist advice. Submitted information should clearly identify the condition number it relates to.
How to vary an approved scheme
Condition discharge does not grant consent to vary the original approved drawings. If you want, or need, to vary the permitted scheme seek the advice of the LPA first. A further planning application is required for a variation or removal of a condition.
Failure to comply and potential implications
Failure to discharge conditions at the correct time can invalidate a planning permission, rendering the site without benefit of consent. For example, starting work on site without complying with the pre-conditions, may render your permission null and void leading to enforcement action and possible criminal sanctions. As a result, you would have to reapply for planning permission, possibly incurring a further planning fee and potentially other financial penalties, such as a contribution to a new Section 106 Agreement. Depending on the planning policy context, it is possible that the development may not be approved a second time round. The delay could result in lost sales as the absence of a formal consent would be declared on any search.
By following the correct procedure and complying with all the conditions at the right time within the development process, any search or enquiry by a solicitor will be satisfactorily answered as the file will contain the exchanges of correspondence. The LPA can check if conditions have been discharged and also inspect sites to ensure development is in compliance with the permission granted.
Failure to have a valid planning permission by not complying with the approved drawings or planning conditions may have some of the following consequences, including, but not limited to the following:
- The service of a Temporary Stop Notice closing down any works on the site;
- -The issue of a Breach of Condition Notice;
- The issue of an Enforcement Notice;
- A need to re-submit a full planning application to the LPA if the consent is invalidated;
- A record on Land Charge Searches that the development is unauthorised (and possibly subject to enforcement);
- Potential difficulties in raising funds against or selling of the land or building;
- Prosecution if subsequent enforcement notices are not complied with;
- Undertaking works to a listed building in breach of conditions is a criminal offence.