Clearing Planning Conditions
After you receive a planning permission approval, it officially means a go-ahead for your construction project. Isn’t this not what you had assumed all this while? But wait, what if there’s a string attached to your planning permission approval?
Yes, planning permission doesn’t always guarantee immediate approval. Once you have secured planning permission, there are a couple of more hurdles you need to get through before you start building.
One of them is the building regulations. The fact is, a building regulations approval is a mandatory regulatory standard you need to adhere to. This is a check on your construction with regards to ensuring the safety, health, and welfare of the people who use and live in the building.
The other one which most of us may miss is the planning conditions which is the subject matter of this article.
What are Planning Conditions?
Planning conditions is a situation where the responsible planning authority would have granted planning permission, but with attached conditions and clauses. Though planning conditions act as a guide on how planning permission must be executed, they largely control the process.
What are the Usual Conditions?
Planning conditions are usually imposed on the basis of the use of land and primarily involve limiting its use and development. For instance, if you are the owner seeking planning permission, you may be granted planning permission but with certain conditions specified about how to use it further.
The conditions may specify how the building work should be executed, hours of operation, and similar other directions set by the planning authority on your construction project. The following includes a few examples –
- Specified building materials
- Limits on the building dimensions such as the height
- Specifying incorporation of certain design features
- Protection of trees
- Ensuring designated parking measures
- Limiting operational hours
- Specifying maximum occupancy
- Submitting assessment plans about conserving the environment, minimising noise, traffic, etc.
- Specifying a site drainage plan
What Is the Next Step?
Once you have the conditions specified, the next step is to apply. During the application process, you need to specify in detail how you intend to meet the directed conditions. This process is called Clearing or Discharging Planning Conditions.
Clearing Planning Conditions
You need to be aware that there are certain conditions that must be discharged even before development begins. They are called pre-commencement conditions. If you fail to discharge certain conditions before the commencement of your development (pre-commencement conditions), there can be forceful stoppage of work that can also extend to even demolition of the development work.
Adherence to building materials, a drainage plan, environmental protection, parking, are a few examples of pre-commencement conditions.
Timeline to Clear/Discharge Planning Conditions
Decisions on planning conditions usually take 8 weeks for minor developments, 13 weeks for major/complex developments, and if it involves examining the environmental impact, it may take 14-16 weeks.
A local planning authority (LPA) will receive your application and upon examination, should respond to you within the specified timelines mentioned above.
Is there a Fee to Clear Planning Conditions?
Yes, there is a fee involved to discharge planning conditions which should be paid by the homeowner or applicant.
Householder permissions: £43 (minor projects such as an extension/conversion)
New Builds & Large developments: £145
What are the Types of Planning Conditions?
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Conditions to be met before commencement
Involves certain conditions to be discharged before development begins. Examples include building materials, a drainage plan, environmental protection, parking -
Conditions to be met before occupying the building
Involves discharging of planning conditions after the development of the building but not using the building. Examples include finishing materials, garden/landscaping, etc.
Deemed Discharge of Planning Conditions
Deemed Discharge of planning conditions has come into effect by the Town and Country Planning Order 2015 to combat unnecessary delays or derailments caused by the local planning authority in discharging planning conditions.
For example, if the local authority fails to clear planning conditions within 8 weeks after receiving the application, then the applicant can have the application deemed to be discharged.
The applicant can send notice to the local authority any day after the 8-week period. If the decision does not arrive before the specified time, then the condition is deemed to be discharged.
Conditions where Deemed Discharge is not Applicable
- Environmental Impact Assessment (EIA): For sites/properties under EIA development with protected status
- Sites of Special Scientific Interest (SSSI)
- Conditions that mitigate flooding, contamination of land, and those relating to archaeology, reserved matters, and Highways
Conclusion:
If you have already applied for planning permission or have received permission with conditions, and are unsure about what to do; do not worry. We have your back. For any information, assistance, and guidance on planning permissions and planning conditions, feel free to reach out to our planning experts at Extension Architecture.
