Planning - Discharge of Conditions

Compliance with Planning Conditions

Most planning Decision Notices comprise planning conditions that require some attention at varying points during the development phase of your proposal. It is important that you read the conditions carefully and adhere to their requirements.

Prior to commencement, conditions require certain details to be submitted to and approved in writing prior to any works being carried out on site. As a result of the SAVE Britain’s Heritage v SSCLG Court of appeal judgment in 2011, any site clearance or demolition works carried out in advance of construction works taking place, now constitutes development and as such no works should take place on a site in advance of any ‘prior to commencement’ conditions being dealt with. Failure to obtain the formal agreement to the details, in writing from the Local Planning Authority, may not only place you in breach of your condition and liable to enforcement action, but, depending on the nature of the information required by the condition, may render the planning permission void.

Most other planning conditions requiring attention will contain trigger points such as, ‘prior to occupation’, ‘prior to the first use’ etc and should be adhered to accordingly. As with the above ‘Prior to commencement’ condition, a failure to adhere to the requirements of any conditions will result in you being in breach of that condition and liable to enforcement action.

Listed Building and Conservation Area Consents

Consents relating to Listed Building and Conservation Area Consents, especially in instances whereby they have an associated planning permission, tend to be forgotten. It is essential that applications to deal with conditions associated with all applications relevant to the proposed development are dealt with appropriately. We are unable to presume that one application has been dealt with and therefore the other one is not a problem. A formal submission of details, even in duplicate, should be submitted for all applications.

Discharging Planning Conditions

From 6 April 2009 charges apply to all requests for the approval to discharge conditions attached to planning permissions and requests for confirmation that conditions have been complied with, regardless of when permission was granted.

Exceptions to the charges for requests relating to Listed Building and Conservation Area Consents apply and no fee will be incurred for these applications.

Any application made to the Local Planning Authority will be registered and any necessary (21 day) consultation with statutory consultees carried out. There is no requirement to consult with local residents on conditional matters.

The Local Planning Authority has eight weeks, from the date of validation, to determine the application submitted, after which the applicant has a right to appeal to the Planning Inspectorate. A comprehensive response will be provided and where necessary guidance given as to what further information may be required.

Most planning conditions require the development to be carried out in accordance with the approved details and as such, the Local Planning Authority, where appropriate, will agree the details submitted and state that the condition can be considered to be discharged upon completion of the development in accordance with the approved details.

Should further clarification be sought, at a later time, as to the compliance with a conditional matter, a formal request in writing should be made to Harlow Council along with the appropriate fee by:

For the appropriate application form and fee information, please refer to the planning permission application forms, guidance notes and fees page.

Breach of Condition Notices

A breach of condition notice is a tool to facilitate works to be corrected or a development to be appropriately carried out. There is no right of appeal against a Breach of Condition Notice and the stated works must be carried out within the stated time period or the matter can be referred to the Magistrates Court, with a fine of up to £1,000 and the necessary works will still need to be carried out.