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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. It is vital that you clearly detail:
The fee must be paid when the request is submitted. The fee is per request and not per condition.
The fees are:
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.
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.
There are some instances where an extension of time agreement will be accepted for a discharge of condition application. However, this will only be agreed where the matters are simple to resolve. An extension beyond 12 weeks from the date of receipt will not be agreed in any circumstance.
Outstanding Conditions on Outline Applications:
You cannot combine Discharge of Condition requests with a Reserved Matters Application. When submitting a Reserved Matters Application (DETAIL) we cannot accept additional information to satisfy outstanding matters imposed by way of condition on the outline consent. You will need to submit a separate Discharge of Condition Application (DISCON) against the relevant conditions imposed on the outline application. This will also incur a separate application fee.
Outstanding Conditions on the Original Consent:
You cannot combine Discharge of Condition requests with a S73 Application. When submitting a s73 Variation of Condition Application (VOC), or Removal of Condition Application (ROC) we cannot accept additional information to satisfy outstanding matters imposed by way of condition on the original consent. If approved and necessary (depending on the extent of the variations sought), your VOC application will be issued with the same conditions as previously imposed and you will need to then submit a Discharge of Condition Application (DISCON) in the usual way to discharge the conditions.
If you have already discharged conditions under the original application prior to the submission of the VOC and these remain unchanged by the s73 amendments, then the relevant condition will be updated as necessary to reflect the already approved details.
If, however, the amendment to the application changes what has already been approved on the condition, the previously discharged condition may need to be discharged again. For example, an approved landscaping scheme may need to be changed as result of a new layout.
If you are seeking to discharge a condition relating to Biodiversity Net Gain (BNG), it is important that you read the following page: Discharging the Biodiversity Net Gain Plan Condition (BNG)
To seek confirmation that a planning condition imposed on a permission has been finally complied with, you can make a ‘Condition Compliance Request’ (COMCON) to the LPA. For example, this process can be used to confirm commencement of development and implementation of a permission.
The process and fees:
The request can be made in any written form which is clear – for example a letter. It is vital that you clearly detail:
What you need to submit:
It is vital that you provide sufficient information and evidence to support your request.
A condition compliance request is usually dealt with at a Planning Officer level. The Government allows 8 weeks to deal with such applications, but officers will respond sooner if possible.
If the details submitted are not sufficient to confirm compliance that the condition has been complied with, your request will be refused. If your request relates to multiple conditions, compliance will be confirmed where possible, and the others will be refused.
The fee must be paid when the request is submitted. The fee is per request and not per condition.
DC Admin
Planning Offices, Town Hall, Station Road, Clacton -on-Sea, Essex, CO15 1SE
E-mail: dcadmin.planning@tendringdc.gov.uk
Tele: 01255 686190
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