Landowners
What planning conditions are, when they must be discharged, the fees, how to track them, and three real case studies including an appeal.
Kisiel Group
4 August 2021
Planning approved, congratulations! But read the decision notice carefully, because conditions are often attached. Councils use conditions to control parts of a development so it meets their policies and the needs of local residents. Take them seriously: failure to comply can lead to enforcement action and even prosecution.
A housing scheme was approved with 16 conditions, one relating to noise from a nearby clay pigeon shooting school. The condition required an acoustic assessment before any above-ground works, using the CIEH guidance on clay target shooting noise, and a mitigation scheme showing acceptable internal noise levels and acceptable levels in gardens, to be approved in writing and implemented before occupation.
An acoustic report was commissioned. The mitigation included acoustic windows, acoustic fencing and an MVHR (mechanical ventilation with heat recovery) system that could be boosted when windows were shut, for example on hot days while shooting was taking place. The discharge application was submitted early, together with other conditions, to save on fees.
Almost every permission has at least two: the time limit for starting work (usually three years) and that the building is built in accordance with the approved plans.
Further conditions tell you what you must do, what you must not do and any specific requirements. Government guidance says conditions should be:
Used properly, conditions improve a development and can allow a scheme to be approved that might otherwise be refused.
A landowner sold a London site with planning for houses to a developer. One of 24 conditions required a piling method statement, approved with Thames Water, because the site was close to a strategic sewer.
The new owner found that the original application contained no piling proposals. A survey located the sewer outside the zone of influence, and since no piling was planned, an application was made to remove the condition.
Pre-commencement conditions: discharged before work starts on site. Typically site set-up and security, construction traffic management, drainage, contamination reports and remediation, parking, cycle storage and landscaping.
Conditions during construction: often required before ‘above ground works’, so you can build footings and brickwork up to damp course before discharge. Typically materials, sometimes with samples. Where reflective materials are proposed, planners have been known to ask for an on-site mock-up photographed at midday to judge glare.
Pre-occupation conditions: met before anyone moves in. Typically bin storage, external lighting, and anything affecting residents’ safety and enjoyment.
Yes. Applications are usually made through the Planning Portal. The fee is charged per request, not per condition, so grouping several conditions into one application saves money. Check the current fee schedule, as fees change.
On schemes with many conditions, keep a simple spreadsheet listing each condition and the action needed to discharge it, including specialist reports, consultant quotes and report dates. This helps you group submissions and avoid delays.
Evidence varies by condition and is usually uploaded to the Planning Portal. Occasionally physical samples must be delivered to the council, and officers may inspect the site.
Councils should decide within 8 weeks, but it can take longer if more evidence is requested, so keep track of the status of each condition.
Yes, if you believe it does not meet the tests of being necessary, relevant, enforceable, precise and reasonable.
On a block of apartments, a non-material amendment was approved during construction, but the council added a new condition requiring Secured by Design accreditation, with details approved before any above-ground construction.
By then the building was already above ground, so it was too late to design these measures in, and the extra external lighting would have affected close neighbours. The condition was appealed as unreasonable at that stage of the works.
The council can take enforcement action, and work carried out in breach of a pre-commencement condition may not be lawful. Comply with every condition on your decision notice.
Early engagement through pre-application discussions can reduce the number of conditions, because you can adjust the scheme before you apply.
Tell us about it. You will speak to the people who make the decisions.
