Discharging planning conditions costs two things: our fee, which starts at from £325 for the details and drawings for up to three conditions, and the council's fee for each request. The council's fee is £89 for a householder permission and £309 in any other case (MHCLG fee table).
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Planning permission often arrives with a list of conditions, and some of them must be dealt with before the first brick is laid. The money matters less than the order of events, which is what most of this post is about.
What is a condition, and what does "discharge" mean?
A condition is a requirement attached to a permission, and discharging it means the council has approved the detail it asked for. Typical examples are brick and roof samples, a landscaping scheme, a drainage design or a construction method statement for a tight site.
The council's guidance says requests for approval of details required by conditions must be made in writing (MHCLG guidance, paragraph 032). An informal chat with the case officer is useful, and it is not a request. Until the council has written to approve the detail, the condition is not discharged.
Which conditions must be discharged before work starts?
Those worded "no development shall take place until…", known as pre-commencement conditions. The guidance says such conditions should only be used where there is a clear justification, and that development carried out without complying with one would be unlawful (paragraph 007).
That is the line that stops a start on site. A builder who digs foundations while the drainage condition is open is working outside the permission, however good the foundations are, and the council can take enforcement action. Other conditions bite later, such as those on materials before a roof goes on or landscaping before occupation. We sort yours into "before work", "before the roof" and "before you move in", so the programme and the paperwork match.
What does the council charge, and when?
The fee per request is £89 for a householder case and £309 in any other case. The same guidance says the fee must be paid when the request is made and cannot be paid retrospectively (paragraph 034), so a request sent without it waits for the money. We include the fee in our submission and pass the receipt on to you.
Our own fee covers up to three conditions. A permission with more conditions starts at the same figure, and we give the final total in writing before we begin.
How long does the council take?
Eight weeks from receipt, unless you agree a longer period in writing (DMPO article 27). The guidance says councils should respond to requests without delay (paragraph 034), and if they do not decide in time, a deemed discharge may apply. It has to be activated by the applicant, and approval is then deemed to have been given if the council still does not decide (paragraphs 042 and 043).
Do not plan around the deemed route. Eight weeks is a long wait when a builder is booked, so we recommend submitting the details as soon as the permission is granted rather than when the scaffold goes up.
What if I do not agree with a condition?
You have options, and ignoring the condition is not one of them. The guidance lists a section 73 application to remove or change the condition, an appeal, or a retrospective application under section 73A for work already started (paragraph 031). Our appeal cost post covers the second, and our retrospective planning post covers the third.
Frequently asked questions
Does one request cover all my conditions? One request can cover several conditions, and the council's fee is per request. We group yours sensibly, and tell you the fee before we submit.
Can I start work if the council has not replied? Not on a pre-commencement condition. Work started before it is discharged would be unlawful. Wait for the written decision or follow the deemed discharge route, which we can explain.
Do you write the details or only the drawings? We prepare the drawings and the written details that a condition asks for. A specialist report, such as an ecology survey or a tree report, is a separate service; our tree survey page has its price.
What if the council says the details are not enough? The council tells you what is missing, and we resubmit with the gap closed. Ask us before you resubmit whether a further council fee applies.
