Question 1

What is a planning condition?

Accepted Answer

A planning condition is a requirement attached to a planning permission by the local planning authority. Planning permissions are rarely granted unconditionally - most come with a list of conditions that the developer must comply with. Conditions may be attached to address issues that would otherwise have led to refusal (for example, requiring specific materials to preserve the character of a conservation area), or to control the impact of the development (restricting hours of construction, requiring a drainage scheme, or limiting the use of a building). Conditions appear on the decision notice alongside the grant of permission, and compliance with them is a legal requirement - breaching a condition is a breach of planning control in the same way as carrying out development without permission.

Question 2

What is a pre-commencement condition?

Accepted Answer

A pre-commencement condition is a planning condition that must be discharged (complied with and approved by the local planning authority) before any work on the development can begin. Common examples include: approval of the specification for external materials (so the authority can check the proposed materials match the character of the area before construction starts); submission and approval of a construction management plan (to control deliveries, parking, and working hours during the build); a drainage strategy; an archaeological watching brief; or a reptile mitigation strategy. Starting work on site before a pre-commencement condition is discharged is a breach of planning control, regardless of whether all other conditions are complied with. The applicant must apply to the local planning authority for formal written confirmation that the condition is discharged before work starts.

Question 3

How do I discharge a planning condition?

Accepted Answer

Discharging a planning condition means submitting the required information to the local planning authority and obtaining their written approval that the condition has been satisfied. An application to discharge conditions is made via the Planning Portal, referencing the condition number from the decision notice and submitting the required documents (material samples, a drainage scheme drawing, a construction management plan, etc.). There is a fee for discharge of condition applications. The authority has 8 weeks to determine a discharge of conditions application. Once approved in writing, the condition is formally discharged and the relevant activity (starting construction, occupying the building) can proceed. It is important to obtain written approval - an officer verbally indicating that the condition is satisfied is not sufficient and does not formally discharge the condition.

Question 4

Can planning conditions be challenged or removed?

Accepted Answer

Yes - a planning condition can be challenged by appealing the decision notice to the Planning Inspectorate within the appeal period (usually 12 weeks of the decision for a householder application). The appeal can be against the conditions attached, rather than against the refusal of permission - this is sometimes called a 'conditions appeal.' Alternatively, an application can be made to the local planning authority to modify or remove a condition (a section 73 application), where the applicant argues that the condition is no longer necessary or that a less restrictive condition would achieve the same purpose. The authority can approve the modification, refuse it, or approve it with different conditions. The NPPF tests that a valid condition must meet are: necessary; relevant to planning; relevant to the development permitted; enforceable; precise; and reasonable in all other respects. A condition that fails these tests can be challenged on those grounds.

Planning Condition

Just so you know...