A grant of planning permission usually comes with a list of planning conditions. These are specific requirements imposed by your Local Planning Authority (LPA) to make a development acceptable in planning terms.
Understanding Planning Conditions
Planning conditions can be issued for various reasons. Conditions might control how a project is built, when certain works can take place, or what information must be submitted before construction or occupation. Planning conditions are legally binding under Section 72 of the Town and Country Planning Act 1990, and not complying with them can lead to enforcement action.
The number and type of conditions attached to planning permission usually depends on the scale of your plans, the site and the character of the local area. Common examples include requirements for materials approval, landscaping schemes, or drainage details.
Why the Discharge Process Matters
Discharging planning conditions is important because it makes your development legal to build and occupy. Certain conditions must be satisfied before development begins, while others must be cleared before occupation or after completion.
Failure to discharge pre-commencement or pre-occupation conditions can invalidate your permission, even if the physical work complies with your approved plans. For example, starting construction before meeting a “pre-commencement” drainage or contamination condition could technically render your entire development unlawful.
Once a condition has been discharged, your LPA will issue a formal Decision Notice confirming compliance. Keeping a clear record of these approvals is crucial, especially when selling or refinancing your property later. Lenders and conveyancers routinely request written evidence that conditions have been discharged.
You can find the government’s overview of how planning conditions operate in the National Planning Policy Framework (NPPF) and related guidance on the Planning Practice Guidance.
Types of Planning Conditions
Planning conditions fall into several broad categories.
Pre-Commencement Conditions
These must be discharged before any development starts, including groundworks or demolition. They often relate to issues such as:
- Drainage and surface water management
- Archaeological or contamination assessments
- Tree protection or ecological mitigation
Starting work without discharging these conditions can invalidate your planning permission.
Pre-Occupation or Pre-Use Conditions
These must be met before the new building or extension is occupied or brought into use. Typical examples include:
- Completion of parking and access arrangements
- Installation of boundary fencing or privacy screening
- Submission of as-built drainage drawings or materials verification
If you move into or use a building before pre-occupation conditions are discharged, the development is technically in breach of planning control. The LPA could issue an enforcement notice requiring compliance or even prohibit you from occupying the building until the issue is resolved.
Compliance and Monitoring Conditions
Some conditions require ongoing compliance rather than formal discharge, for example maintaining landscaping for a period of time or ensuring a fixed noise limit isn’t breached. These are “monitored” rather than “discharged” through separate applications.
Steps to Discharge Planning Conditions
Discharging conditions is a formal process requiring a separate application to your LPA. Each condition you wish to clear must be supported by relevant evidence, drawings or reports.
Submitting a Discharge Application
Applications are made via the Planning Portal, which provides a national form for “Approval of details reserved by condition.” There’s a fee for each submission, currently £86 for householder applications and £298 for other developments.
LPA Assessment and Response
Once received, the LPA will assess the submitted information. The statutory timescale for discharging applications is eight weeks, though some authorities decide more quickly and others may have a backlog. If further clarification is needed, officers may request amendments before formal discharge. Our How to apply for planning permission homeowner guide provides detailed information on timelines for planning application decisions.
If you fail to discharge a condition properly, or do so too late, it can delay occupation or trigger enforcement. In extreme cases, retrospective discharge applications can be required after work has been completed. If you believe your development may require a retrospective discharge application and aren’t sure how to proceed, you can contact Holland Lloyd for advice.
Common Misconceptions About Planning Conditions
“All conditions have to be discharged before any work starts.”
This depends on the nature of the condition. Generally, only pre-commencement conditions have to be cleared before starting work on your site. Other conditions (e.g. such as those relating to landscaping or parking) can often be addressed later, provided they are discharged before occupation or use.
“My builder/architect or technician will handle planning conditions.”
While professionals often assist, the legal responsibility lies with the applicant or landowner. It’s always a good idea to check personally that each condition has been discharged formally and ensure you’ve got the correct documentation from your LPA.
“I can move in without waiting for discharge.”
Occupying a property before pre-occupation conditions are discharged can be considered a breach of planning control. Whether enforcement is likely or moving in before discharge could create a long-term problem depends on the circumstances of the case and the attitude of the LPA.
If you’re unsure which conditions must be met before starting work or occupying your property, we can review your decision notice and provide advice.
How a Planning Consultant Can Help
Planning conditions are a common point of friction in the development process. A planning consultant can help interpret each condition, prepare the necessary discharge applications, and liaise with your LPA to secure written approval before deadlines are missed.
A planning consultant can also assist with retrospective discharge applications if works have already been completed or if you’ve inherited a property where compliance wasn’t properly recorded.
At Holland Lloyd, we help homeowners understand and manage their planning conditions, ensuring your development is lawful and helping protect the full value of your investment. Contact us today if you have an issue relating to discharge of planning conditions.
FAQs
What does ‘discharge of conditions’ mean in planning?
It means formally satisfying one or more conditions attached to a planning permission, usually by submitting documents, drawings, or reports for approval by the Local Planning Authority.
Do all planning conditions need to be discharged before occupation?
Only conditions that specifically state “prior to occupation” or “prior to use” must be discharged before you move in or use the building. However, failure to discharge these can lead to enforcement action and complicate future property transactions.
Can I occupy before all conditions are discharged?
You may occupy if only post-occupation or compliance conditions remain. Always check the wording of each condition carefully or seek advice from a planning consultant like Holland Lloyd.
What happens if I forget to discharge a condition?
If discovered, the LPA can request retrospective discharge, issue an enforcement notice, or require you to cease occupation until compliance is confirmed.
How long does it take to discharge conditions?
LPAs have eight weeks to determine discharge applications, though this can vary depending on complexity, workload or backlog.