Submit a discharge of conditions application
When you receive a decision notice which approves an application it will normally contain a number of planning conditions.
The first condition typically relates to the approved plans the development needs to be completed in line with.
The second condition will state the time limit to start work on site. If the development is not started within this time limit a new application will need to be submitted.
If the application sought outline planning permission the second condition will specify the date the Reserved Matters application will need to be submitted by and what matters need to be included in the submission.
Other planning conditions are used in order to allow development to go ahead where it would otherwise have been necessary to issue a refusal.
If your planning permission was granted it may have conditions which need to be met:
- prior to commencement
- prior to any above ground development
- prior to occupation
Planning conditions are effectively a charge on the land being developed and must be legally complied with. They will show up in land registry searches and can affect property sales if not discharged correctly.
You may find what is known as informatives on your decision notice. Unlike conditions these are not a statutory part of the decision notice but they may provide important information relating to other consents that may be necessary.
Failing to discharge conditions can result in the development being unauthorised and we may consider taking enforcement action.
Failing to discharge any pre-commencement conditions can also impact any Community Infrastructure Levy relief that may have been applied for or granted and you may incur penalties as a result.
More information is available on our Community Infrastructure Levy pages.
How to discharge conditions
Documents always required:
- application form
- correct fee and how to pay
- documents and plans to satisfy these conditions have been met
Submit a discharge of conditions application
Timescales
You should receive a decision within 8 weeks from the date you submitted the request to discharge the conditions.
This may be longer if we have agreed with you in writing to extending the time period for a decision to be issued.
Deemed discharge notice
If we fail to contact you regarding this within 6 weeks you can take advantage of the deemed discharge procedure. You will need to serve notice using the form below:
For more information on this process visit GOV.UK.