Discharging Conditions

The majority of planning approvals are subject to planning conditions. These conditions may need to be complied with – for example the standard time limit during which development must start or they may need to be discharged before development can commence. 

Please note that if there are conditions that need to be discharged ‘prior to development’ they must be discharged before the development is started in order to avoid the expense of having to change work at a later date. More importantly, it could make your whole development unlawful. 

Conditions that need to be discharged will have reasons attached to them. This reason should give you a good idea as to why the condition was imposed and what is expected to be provided in order to discharge the condition. If your condition relates to materials to be used in the construction of your development the materials guidance is a good place to start for advice.

The Process and Fees

Please use our form provided to detail what condition you wish to discharge. The request can be made in any written form which is clear – for example a letter. The standard application form available through 1APP can also be used. Either way, it is vital that you clearly detail:

  • which condition you wish to discharge;
  • the planning application number the condition is attached to, and;
  • the address to send the response to.

The fee must be paid when the request is submitted. The fee is per request and not per condition.

The fees are:

  • £28.00 if permission was for extending or altering a dwelling house or development in the curtilage of a dwelling house

  • £97.00 for all other permissions
  • There is no fee for discharging conditions attached to Listed Building Consents.

The discharge of conditions is usually dealt with at a Planning Officer level. The Government allows 8 weeks to deal with applications for condition discharge. We aim to respond within 21 days.

If the details submitted are not sufficient to discharge the condition, your application will be refused. If your application is to discharge a number of conditions, the dischargeable conditions will be approved and the others refused. You will not have to apply for all conditions again.

Please submit to:

Miss L Nicholas
Planning Offices, Thorpe Road Weeley, Essex, CO16 9AJ

E-mail: planning.services@tendringdc.gov.uk
Tele: 01255 686157

 

Last updated on: 21/07/2017 - 14:09