Discharge of Conditions
When permission for a proposed development is granted, it is normally accompanied by a set of conditions that need to be complied with by the builder or developer. Compliance with the relevant conditions will be verified at the appropriate stages by a Planning Officer. A request for approval of conditions is made in writing.
The process of handling requests for confirmation of compliance with planning conditions or the submission of details for consideration in order to secure compliance with conditions remains unchanged. Discussion prior to the submission of details is encouraged if there is any doubt over what is required. The validation checklists will be a helpful reference point of the type and level of detail that is required to deal with many types of condition.
Fees are payable for each request for confirmation of compliance with planning conditions. It makes no difference how many conditions are included in the request the fee remains at either £28 for householder development and £97 for other types of development. If several requests are made to discharge conditions relating to the same application the fee will be payable upon submission of each request.
The Government has set out the details of the new fee arrangements in the "Town and Country Planning (Application and Deemed Applications) Fees (Amendment) (England) Regulations 2008 (Statutory Instrument 2008/ 958) and in the Department for Communities and Local Government Circular 04/2008. Both documents are available from the Planning Portal [external link].
The Council will register your request for discharge of conditions and acknowledge this request and commence work on discharging the conditions once the appropriate fee has been paid. The Council will endeavour to respond to your request within 21 days. However the 8 week period in which to give a decision as set out in the Town and Country Planning (General Permitted Development) Order 1995 still applies.
The Council will either confirm compliance with the requirements of the condition within 56 days or will explain to the applicant what remains to be done. Where further work or information is required the submission of this information will not be treated as a 'new request' and will not attract a further fee. If the requested confirmation of compliance can not be given on the basis of the initial request and the necessary amendments or additional information is not forthcoming the Council will write and advise that the confirmation of compliance can not be given. This will normally happen before the expiry of the 56 day period. In this instance a new request will incur a further fee. (Unlike resubmission of planning applications there is no 'free-go' for repeat requests, each new request will incur a fee.)