Discharge of Conditions

We can discharge any conditions related attached to your Planning Permission.

Often planning conditions attached to a planning consent must be discharged before works can begin on site, or prior to first occupation. This process can be a complicated one and can cause delays if not managed properly.

We are experienced at discharging conditions on large and small developments, and will put together a high-quality pack of documents for the Local Planning Authority to approve so that you can start on-site as soon as possible.

a house under construction with scaffolding

What are planning conditions?

Planning conditions are typically attached prior to approval in relation to external materials, landscaping and appearance, boundary schemes and other aspects of your project that require too much detail for a planning application.

There are different types of conditions that are put in place to come into effect at different stages throughout your development. Some conditions:

  • Must be dealt with prior to works commencing
  • Must be dealt with prior to the occupation of the property
  • Are put in place to restrict what you can do in the future

Types of planning conditions

There are three different types of planning conditions:

  • Pre-commencement conditions;
  • Conditions outlining details which need to be submitted and approved by the Council before you can begin the development.

    Example:

    "No development shall commence on site until details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details."

  • Pre-occupation conditions;
  • Conditions regarding elements of the proposal which need to be adhered to before you can occupy the development. Unless stated, you do not need to write to the Council for confirmation that these planning conditions have been met.

    Example:

    "The development granted shall not be first occupied until the first five metres of the access has been consolidated and surfaced. The accesses shall be maintained as such thereafter."

  • Performance conditions;
  • Conditions which need to be adhered to. Unless stated, you do not need to write to the Council for confirmation that these planning conditions have been met.

    Example:

    "The development hereby permitted shall begin before the expiration of three years from the date of the planning permission."

Appealing planning conditions

We’ll review the conditions attached to your planning permission to assess whether there is a request for more detail or if compliance is required in relation to something specific.

The Government’s Planning Practice Guidance explains that for a condition to be applied to a decision, it should be:

  1. Necessary;
  2. Relevant to planning and;
  3. To the development to be permitted;
  4. Enforceable;
  5. Precise and;
  6. Reasonable in all other respects.

Where a planning condition has been applied that does not meet all 6 of the criteria listed above, there are grounds to have a condition amended or removed.

Securing the removal of planning conditions

Discharging the conditions attached to your planning approval can be a time consuming task when it comes to staying in regular contact with your Local Planning Authority, and producing the supporting evidence and documentation to overturn the conditions attached. By adopting Atlas Planning Group to act on your behalf, you can be comfortable in knowing that our dedicated team of planning consultants have the knowledge and expertise to discharge any conditions of planning.

Keep in touch

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+44 (0)1722 638 008
info@atlasplanninggroup.co.uk

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For more information on any of our services please call us on 01722 638 008 or email info@atlasplanninggroup.co.uk

For more information on any of our services please call us on 01722 638 008 or email info@atlasplanninggroup.co.uk