Discharge of Planning Conditions

When the Local Planning Authority grants planning permission for a proposed development, it is may be subject to planning conditions.  The conditions and the Council’s reasons for imposing  the conditions are listed on the Decision Notice, which can be viewed online.

Conditions may require the submission of materials, a landscaping scheme, window or door details, or road surface finishes, for example.  Some conditions should be formally discharged prior to the commencement of the development.

Since 6th April 2008, a change in Government  legislation means that in order  to discharge a condition a formal application or letter must be submitted to the Local Planning Authority together with a fee. The fee is £25 for householder applications, £85 for all other applications except for listed building applications which do not need a fee. The fee is for each request, not per condition, so more than one condition can be sought for approval at a time.  A decision should be issued within 8 weeks of receipt of the request. If a decision is not issued within 12 weeks the fee must be returned.

Minor Amendments

The Local Planning Authority will no longer accept minor amendments to previously approved plans following the granting of planning permission.  There is case law that indicates that there is no basis in planning law to approve post-permission minor or working amendments.  As such, if you wish to alter your proposal, or are required to do so under the Building Regulations, it will be necessary to submit a revised planning application.  If the revised application is submitted within one year of the date of the decision notice, no planning fee will be required, provided that the character and description of the proposed development essentially remains the same.

In some cases “technical amendments” may be allowed.  These must be de minimus (very minor alterations), not materially affecting the nature of the development and can only include changes, for example, to the design/enlargement of a door or window opening or change to materials.  Each case would need to be considered on its merits and it will be necessary to submit revised plans in writing, with a covering letter explaining the proposed changes.  However, if the original application was contentious and received letters of objection, it will probably be necessary to submit a revised application.  If you are unsure in any respect, it is always best to check with the planning department prior to commencing or commissioning any work.

Planning Appeals

It is possible to appeal against the Local Planning Authorities decision to refuse planning permission or against the imposition of a planning condition.  Details of how to appeal against a decision of the Local Planning Authority is detailed on the back of the Decision Notice, or from the Planning Appeals section of the website.

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