I'm sure some people on here are aware of the new system which was introduced last year to discharge conditions placed on planning approvals. Has anyone any experience of using this system? I understand that if the LA hasn't responded to the application within 8 weeks the applicant can appeal and if they haven't responded after 12weeks you get a refund of the fee. In reality though, are these dealt with quicker than 8 weeks or do LAs normally take the full time permitted?
Discharge of Planning Conditions
- Thread starter AndrewSchofield
- Start date
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Depends how complex the conditions are, what level of detail they require and how many conditions you attempting to discharge under the same application.
Generally speaking, applications to discharge conditions aren't subject to the same legal requirements for public consultation that apply to full or outline planning applications. (And it's this strict legal requirement for public consultation that causes lengthy delays in the planning process)
In reality, I deal with mine as soon as they come in. However, if it involves involving another council department it can take around four or five weeks.
I've had a few go over eight weeks because they needed to go before a Planning Committee. I've never had an appeal against non-determination of an approval of details application. You'd be cutting your nose off to spite your face to do that because a decision in ten or 12 weeks is still quicker than waiting for the Planning Inspectorate to make a decision.
Generally speaking, applications to discharge conditions aren't subject to the same legal requirements for public consultation that apply to full or outline planning applications. (And it's this strict legal requirement for public consultation that causes lengthy delays in the planning process)
In reality, I deal with mine as soon as they come in. However, if it involves involving another council department it can take around four or five weeks.
I've had a few go over eight weeks because they needed to go before a Planning Committee. I've never had an appeal against non-determination of an approval of details application. You'd be cutting your nose off to spite your face to do that because a decision in ten or 12 weeks is still quicker than waiting for the Planning Inspectorate to make a decision.
Cheers Spongo - yeah wouldn't appeal a discharge of condition - just more costs and, as you say, highly unlikely to speed things up. Its just one condition which needs discharge, relating to the removal of a small tree and what (and where) it is going to be replaced with.
Based on what you've said then, i can be hopeful it will be dealt with relatively quickly????
Based on what you've said then, i can be hopeful it will be dealt with relatively quickly????
Without seeing the terms of the condition it's difficult to predict.
I'd expect to see details relating to the species, the size of the tree being planted, the method of planting and a guarantee that if dies within three years of being planted it will be replaced with a suitable other specimen.
If the Council you're dealing with has a trees officer, give him (or her) a call to check what level of detail they need. The speed at which the Council deals with it is likely to hinge on whether the planning officer has remembered to consult his trees section.
Sounds like a pernickerty condition though, unless it's in a fantastic conservation area setting.
I'd expect to see details relating to the species, the size of the tree being planted, the method of planting and a guarantee that if dies within three years of being planted it will be replaced with a suitable other specimen.
If the Council you're dealing with has a trees officer, give him (or her) a call to check what level of detail they need. The speed at which the Council deals with it is likely to hinge on whether the planning officer has remembered to consult his trees section.
Sounds like a pernickerty condition though, unless it's in a fantastic conservation area setting.
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Do all conditions need to be discharged?
I have just got PP and the 3 conditions are to do with no new windows overlooking my neighbour, matching materials and finishes and start within 3 years. Do these conditions need an application to discharge them or do I just do as they say? (Which is what I assumed I was expected to do and have done in the past)
I have just got PP and the 3 conditions are to do with no new windows overlooking my neighbour, matching materials and finishes and start within 3 years. Do these conditions need an application to discharge them or do I just do as they say? (Which is what I assumed I was expected to do and have done in the past)
No, Tipper, they're conditions that last in perpetuity or until superseded by another planning permission.
Conditions that need discharging will specifically ask for further details to be sent to the local planning authority.
Conditions that need discharging will specifically ask for further details to be sent to the local planning authority.
Thanks, got that.
Interestingly when the planning officer visited he said we would need frosted windows overlooking the neighbours garden as well but he didn't put on as a condition so I won't now have to change the windows.
Interestingly when the planning officer visited he said we would need frosted windows overlooking the neighbours garden as well but he didn't put on as a condition so I won't now have to change the windows.
You're not joking it's pernickerty. The applicant's have gone mad as they were supposed to be starting on site next week but as its a pre-condition they cannot start until this condition is discharged - hence wanting to know how long it takes! I could understand if it was a large, mature tree but its only a small bush/tree. And no, its not in a conservation area or any other area with special restrictions - its just because its in a rural location (presumably).
I have submitted the discharge of condition application and spoken to the planning officer who has kindly informed me that the statutory period is 8 weeks but she'll deal with it 'as soon as she can'!
Update:-
5 weeks yesterday i submitted the application to discharge the condition - still heard nothing!
5 weeks yesterday i submitted the application to discharge the condition - still heard nothing!
Might just be the right time for a polite reminder to the planning officer.
The phrase "he who shouts loudest gets dealt with first" has more than a ring of truth to it, trust me.
I really do wish people would appeal against ridiculous conditions, often imposed to appease the local councillors or hysterical objectors.
The phrase "he who shouts loudest gets dealt with first" has more than a ring of truth to it, trust me.
I really do wish people would appeal against ridiculous conditions, often imposed to appease the local councillors or hysterical objectors.
Already tried spongo - having been unable to get hold of the officer i resorted to contacting the DC admin team who told me she was away on a course. They said they'd chase her up and get her to contact me, that was a week ago and still nothing!!
Hehe, not in my experience, it often has the opposite effect with the planners down here!
Got it!!! Simple condition for approval of details of a tree to replace an elderflower tree which is being removed - condition discharged in 6weeks and 5 days!!
Sorry to open this again, but it seems closed and saves adding another subject to the pot.
Against all odds and without a planning consultant or architect I have managed to get a change of use on a public house to residential. The only confusion is that the permission has one condition that it adheres to the plans submitted which show no change to the building internally or externally.
Do I have to discharge this condition before I can go onto "permitted development rights" as I now want to do some alterations.....
Also, strange question, but who now informs the council that it is no longer classed as A4 rather C3 (ie the tax section), or do I have to contact them ?
Thanks in advance
Against all odds and without a planning consultant or architect I have managed to get a change of use on a public house to residential. The only confusion is that the permission has one condition that it adheres to the plans submitted which show no change to the building internally or externally.
Do I have to discharge this condition before I can go onto "permitted development rights" as I now want to do some alterations.....
Also, strange question, but who now informs the council that it is no longer classed as A4 rather C3 (ie the tax section), or do I have to contact them ?
Thanks in advance
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