Planning Consultancy:
Discharging Planning Conditions
When councils grant planning permission it is almost always subject to conditions, which can cover a wide range of issues. They can have implications for the timing and cost of your project, and can even influence whether you can build at all.
It’s essential you’re aware of what they cover, when they’re imposed, how to comply with them and how to remove or appeal against them. So, here we’ll have a look at conditions in general first, and then go on to analyse some specific ones in greater depth following your successful planning application.
Conditions are generally aimed at ensuring the development proceeds as planned, to mitigate any potentially harmful effects and to gather and approve additional information on specific subjects, such as materials, landscaping, drainage and so on. They can be attached to both full and outline planning permissions, and to the approval of so-called ‘reserved matters’ that follow on from an outline permission.
The government sets out its stance on conditions in the National Planning Policy Framework. This is fleshed out in greater detail in the planning practice guidance.
There are six tests that all conditions should meet: they must be necessary to make the development acceptable, directly related and relevant to the development and to planning; and they must be enforceable, precise and reasonable in all other respects.
The guidance seeks to limit the use of conditions, but some councils routinely impose far more than others. Have a look at two or three decision notices for the type of development you’re proposing to see what approach yours takes.
Conditions that ask for additional details to be submitted and approved by the council are worded to ensure compliance at certain stages of your scheme. Typically these will be prior to commencement; prior to getting beyond slab level; prior to completing the build; or prior to first occupation. Conditions that need to be dealt with before commencement can delay the start of your project, so it’s wise to crack on with getting them approved (or discharged, to use the planning jargon). There are moves to restrict pre-commencement stipulations, and more councils are now adopting wording that refers to progress beyond slab level, enabling works to commence while the conditions are being discharged.
If you want to be released from a particular condition, you have to make a formal application to the council, attaching the required information and paying a fee – currently £97 for a new house and £28 for an existing house. The charge is imposed per submission, so if you’ve several conditions to deal with, it’s best to lump them together in one application. Straightforward requests should be decided within 21 days, but there’s a maximum wait time of eight weeks (unless a longer period is agreed). Where a council drags its heels, there is a procedure by which you can secure a so-called deemed discharge.
If permission is granted subject to a condition that you don’t think meets the requirements of the six tests, you can apply to have it removed or varied via a Section 73 Application. This procedure attracts a £195 fee and will be treated by the council as a planning application. Regardless of the outcome, the original permission will remain intact and it is just the condition that is removed or varied. If the council refuses to retract or alter the condition, there is a right of appeal, but this is risky: in these circumstances the whole permission can be reconsidered, and might even be refused.
If you’ve failed to comply with a qualifying stipulation, the council is able to take planning enforcemnt action issue a breach of condition notice. This requires the violation to cease within a specified timescale. There’s no right of appeal, and failure to observe the notice can result in a visit to the local magistrates.
The vast majority of planning consents (with the exception of retrospective applications) come with a standard condition indicating that the permission lasts for three years.
Many councils also routinely impose a condition detailing the approved plans and stating the development must be completed in accordance with them. Here are some of the other key areas where stipulations might be made for your project:
Case Study: 23/03459/DIS | Discharge of condition 3 (Joinery details) for the erection of single storey side extension and extension to existing timber framed garagerelating to 22/03214/LBC. | The Cattle Barn 3 Oak Farm Barns Dorrington Lane Woore Crewe Shropshire CW3 9RR.
Upon gaining Listed Buiding Consent for a single-storey extension to a listed barn conversion En-Plan were approached to assist in the Building Regulations stage and the discharge of conditions concerning joinery details. The specifc details were the detailed joinery cross sections required for the new windows and doors so the historic integrity of the building coukld be protected.
The joinery details in listed buildings were judged by Shropshiure Council to uphold the historical and cultural significance of the structure whilst also addressing structural, legal, aesthetic, and economic considerations. With this in mind En-Plan were able to provide the required information that fulfilled all of the above and received approval from Shropshire County Council.
Case Study: 24/00400/DIS | Discharge of Conditions 3 (Fireplaces), 4 (Exterior Services) and 5 (Decorative Finishes) relating to Planning Permission 23/04228/LBC | The Roundabout 3 New Street Shrewsbury Shropshire SY3 8J.
This application for planning permission relates to the change of use of the buildingto a dwelling. This planning application is accompanied by a concurrent application for listed building consent (23/04228/LBC).
The application has been revised to include retention of the rear dormer windowand omission of the roof lights that were originally proposed. The existing chimney is now indicated on the amended drawings and is proposed to be retained.
The site comprises a grade 2 listed building situated within Shrewsbury Town Centre Conservation centre. The proposed conversion to a dwelling is acceptable in principle in this sustainable location within Shrewsbury Town Centre and will secure a viable new use for the building helping to ensure its long term maintenance and preservation. Subject to compliance with the recommended conditions attached to the listed building consent, the proposed external and internal alterations will preserve and enhance the character and appearance of this listed building, the street scene and this part of Shrewsbury Conservation area. The proposal is considered to accord with section 16 of the National Planning Policy Framework (NPPF) and Samdev plan policies MD2, MD13, CS6, and Core Strategy Policy CS17. Regard has been given to section 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in determining this application.
Sandblasting is a method of using high-pressure air to propel abrasive material against a surface to remove contaminants or to create a desired texture. When sandblasting wooden beams, you need to take care to avoid damaging the wood. Here's a step-by-step guide:
Please contact us for a free no obligation consultation and we look forward to discussing how our Planning Consultancy skills and in house architectural services can work in harmony to discharge any outstanding planning conditions you have.
