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Planning Conditions

When a Planning Application for permission for development is granted, it is often 'conditional'.

Conditions that are placed on a permission can be found on the Decision Notice under the decision text.

Conditions may need to be complied with before development starts, during or nearing completion of development or on an ongoing basis as the development is occupied.

New Regulations relating to Planning Conditions

Under new regulations, where it is a condition that the written approval of the Local Planning Authority (L.P.A.) is required, a fee is now chargeable by the Council for this service.

What conditions require the written approval or 'discharge' by the L.P.A.?

When a condition requires written approval of details, this will be stated. Conditions may need to be complied with both before and throughout the development.

Conditions that require the written discharge by the Local Planning Authority before development commences may be phrased in the following manner:

"Notwithstanding the details provided with the application, no development shall take place until  * * * * * *  details have been submitted to and approved in writing by the Local Planning Authority".      or

"No development shall take place until  there has been submitted to and approved in writing by the Local Planning Authority a plan indicating * * * * * * *.

Some conditions may need to be complied with during the course of development and approved in writing by the Local Planning Authority. Those might be phrased in this manner:

"The external walls of the * * * * * * dwellings, garages and carports and the freestanding walls shall be constructed in accordance with a sample panel which shall be erected on site and approved in writing by the Local Planning Authority".     or

"Detailed drawings of the following items to a scale of not less than 1:20 shall be submitted to and approved in writing by the Local Planning Authority before work on that part of the development takes place; (eaves/verges and rainwater goods).

Some conditions may need to be complied with nearing completion of development and approved in writing by the Local Planning Authority. Those might be phrased in this manner:

"No dwellings shall be occupied until all the roads, driveways and footpaths serving the development have been drained, constructed and surfaced in accordance with plans and specifications that shall be first submitted to and approved in writing by the Local Planning Authority."

Fee for the discharge of conditions 

Under the terms of 'The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008', the written confirmation of the Local Planning Authority of compliance with conditions of a planning permission, often known as the 'discharge of conditions' now attracts a fee.

The fee for all householder applications (i.e. works of extension, alteration or addition to, or within the grounds of a dwellinghouse) is £25 per request. This means that you could if you wish, request the written approval of more than one condition attached to the same Decision Notice for the single fee of £25.

The fee for all other types of development other than individual householder development is £85 per request.

Under this new process, if the Local Planning Authority has not formally responded in writing to your request to discharge condition(s) within a period of 12 weeks from the receipt of your completed application, you may apply to us for the return of the fee.

There is a form specifically designed to deal with your request (Type 27 - Application for Approval of details reserved by condition) which can be found under the Planning Application - Forms and Advice page . Alternatively, a form is available from Planning Reception at: Elmfield, New Yatt Road, Witney, Oxfordshire, OX28 1PB, or from the Planning Portal at www.planningportal.gov.uk where you could make your application online.

Note:

You should be aware that failure to comply with the conditions placed on your planning permission may invalidate your permission or consent.

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