Do all planning conditions need to be formally discharged?

Do all planning conditions need to be formally discharged?

Do all planning conditions need to be formally discharged?

Failure to discharge planning conditions can be serious. If you start work without having discharged any pre-commencement conditions, it may make your planning permission invalid. ... At best, you will have to apply for planning permission from the start all over again, with no guarantee it will be granted this time.

What happens if you don't discharge planning conditions?

Failure to discharge conditions at the correct time can invalidate a planning permission. For example, starting work on site without complying with the pre-conditions may render your permission null and void leading to enforcement action and possible criminal sanctions.

Do planning conditions expire?

By law, any planning permission granted expires after a certain period. Generally, unless your permission says otherwise, you have three years from the date it's granted to begin the development. If you haven't started work by then, you will probably need to reapply.

How are planning conditions discharged?

The discharge of a planning condition involves a formal application process where details relating to an approved development can be considered and a decision made on their acceptability. It is important to read the decision notice in full before any work begins.

Can you remove a planning condition?

As some readers will know you can remove a condition from a planning permission, by making a “section 73 application” to the local authority, paying a fee – and waiting around for a decision. ... It is an entirely new, standalone planning permission. The conditions that burdened the original consent need to be re-stated.

How much does it cost to discharge a planning condition?

Typically, a fee of £116 (or £34 for householder planning permission) is payable per submission in England, to discharge the requirements of a planning condition.

What happens if you breach planning conditions?

However, failure to comply with a planning enforcement notice is a criminal offence, which carries with it the risk of heavy fines and ultimately imprisonment. ... A failure to comply with a condition of a planning permission may be enforced against by a breach of condition notice.

How long do planning conditions take to discharge?

Planning authorities must provide notice of their decision within 8 weeks from the date the request was submitted. If after 12 weeks, no decision has been received (and even if an extension of time is agreed for discharging the condition), the fee must be returned to the applicant.

How long are planning conditions enforceable for?

There are two time limits set out in section 171B of the Town and Country Planning Act 1990 for an authority to take enforcement action: four years where the breach comprises either operational development (the carrying out of unauthorised building, engineering, mining or other operations) or the change of use of a ...

What happens if you do not discharge planning conditions?

  • Failure to discharge planning conditions can be serious. If you start work without having discharged any pre-commencement conditions, it may make your planning permission invalid. That’s where the enforcement of planning conditions comes in.

How long does the discharge of pre-commencement planning conditions take?

  • How Long Does the Discharge of Pre-commencement Planning Conditions Take? These are the discharge of planning conditions timescales: the planning authority is meant to give you a decision within eight weeks of receiving your application. And if they haven’t given you a decision within 12 weeks, then you get your fee back.

How long does it take to get a decision on discharge of a condition?

  • Planning authorities must provide notice of their decision within 8 weeks from the date the request was submitted. If after 12 weeks, no decision has been received (and even if an extension of time is agreed for discharging the condition), the fee must be returned to the applicant.

Can a planning authority refuse a planning application?

  • Rather than refusing a planning application, a planning authority might grant permission, but with attached planning conditions.

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