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Discharging planning conditions

Planning permissions are usually subject to conditions which either control the use or require certain things to be done before the development is commenced or occupied.

 

From April 2008, under the provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008, there is a statutory national fee for discharging conditions. The fee is £25 for householder development and £85 for others. We will not be able to consider the discharge or compliance with conditions unless this fee has been paid. The fee is per request, not per condition, so you may want to submit for all of the conditions in one go.

 

A request for the Discharge of Conditions, or confirmation that conditions have been discharged, can be made in any written form which is clear and legible. This includes letter, email or an application form. You can use a form available from the Planning Portal, or you can use the Planning Portal for online submission of the application.

 

We will acknowledge your request and give you the name and contact details of the officer who will be dealing with it.

 

Your application must include all the details needed to check whether a condition can be discharged or is complied with. These could be details of materials, specifications, plans or a written statement detailing what has, or will be done to comply with the condition.

 

If the matter is straightforward, you have supplied all the details we need and your proposals are acceptable we should be able to give you a response in about three weeks.

 

If we need to consult other people, it may take 8-12 weeks (of receipt of the fee and necessary details) to respond.

 

If the details are insufficient or unacceptable, we will inform you within twelve weeks that the condition(s) cannot be discharged. You would then have to resubmit new proposals for compliance with a further fee of £25 or £85.

 

If we cannot confirm that the condition is (or is not) complied with within twelve weeks of receipt of necessary details and the fee, we will refund your fee.

 

For more information, view our FAQs - Frequently Asked Questions.

 

 

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