Discharging planning conditions

Obtaining planning permission is often not the end of your involvement with the local planning authority. Planning permission is always subject to conditions.

Types of planning conditions

Conditions may include:

• Advising how long you have to implement a scheme
• Identifying the approved drawing numbers
• Requiring the submission of further details to the Local Planning Authority for approval, such as materials or large scale drawings

Discharge of condition applications

When a condition requires the submission of further details, this is referred to as a Discharge of condition application, or a DD application.

If this is relevant to you, check when this needs to be done. For example, the wording of the condition may require the details to be submitted and approved prior to the commencement of development.

Prior to the submission of your Discharge of condition application, it is recommended you refer to the following points, which will hopefully help to ensure your application meets the requirements of the conditions, and minimise potential delays or possible refusals.

Refer to reports

Refer to case officer’s delegated report, or where relevant the committee report, minutes and addendum – these may make recommendations on the contents of condition details.

See if there are any informatives that are relevant to the condition you are seeking to discharge

Check wording carefully

Check the wording of the condition – ensure you address each point – otherwise the application may be refused or only partially discharged (therefore causing delays). Officers are only asked to make decisions based on submissions, and therefore not obliged to go back requesting information that should have been submitted with the original submission.

Consider grouping conditions

There may be conditions that overlap, for example hard and soft landscaping includes cycle storage, boundary treatment, and materials. If there are also conditions placed on the decision requiring cycle storage, boundary treatment or material details, consider grouping these conditions together and submitting as one application.

Ensure drawings are consistent

Ensure any detailed drawings are consistent with the approved drawings referenced in the original decision notice – for example, the detailed landscaping drawings are consistent with the approved site layout plan; or the cross section of an elevation is consistent with the positioning of openings and height of the building.

Ensure statements are consistent

When there is a Construction Method Statement and Arboricultural Method Statement condition, ensure these are written so they are consistent with each other. For example, you will need to ensure the storage of materials or construction vehicle routing is not contradictory to the Arboricultural Method Statement or Tree Protection Plans (which may have been submitted with the application, or conditioned).

Include an accompanying letter

In the accompanying letter you should:

• List the relevant condition that you are seeking to discharge
• Under each condition outline what are the relevant drawings/documents for that specific condition

Structure documents correctly

If the condition requests a document (such as a Construction Method Statement), structure this document in the order of the bullet points listed in the condition, also using the same headings.