Discharging Planning Conditions
Check your planning permission carefully to ensure that there are no errors in it. If there are, contact Planning Services immediately quoting the planning application reference number and setting out clearly what you think is wrong.
You will need to comply with all the conditions attached to the permission. Identify which conditions require you to submit further details or information, and when these have to be complied with. Some conditions may have to be complied with before the development starts, some may 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 used or control possible changes in the future. Consult with your advisors how best to comply with those conditions.
The first condition will limit the length of time that the permission is valid, if work is not started within that time the permission will lapse and you will need to reapply for planning permission.
Before starting work you must discharge (provide the Council with the information required and gain written approval) all conditions that specify 'prior to commencement details are to be submitted…' or conditions that are similarly worded. These are known as "pre-commencement conditions".
When applying to discharge a condition ensure that the information, details and/or drawings submitted are comprehensive and meet the requirements of the condition in question. A condition is only discharged where the Council has formally confirmed in writing that this is the case.
Do not leave the discharge of conditions until the last moment. Allow adequate time for the Council to respond to your request to discharge conditions, as the Council may need to seek specialist advice. Submitted information should clearly identify the condition number it relates to.
The Council will reject applications for condition compliance where the details are inadequate. To understand exactly what is required you should read the condition and reason carefully and in full.
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. Contact the Case Officer who dealt with your scheme if you want to explore this further as any commencement during the appeal process may invalidate the consent.
The Planning Process - a step by step guide