Obtaining a planning permission should not be viewed as the end
of your involvement with the Planning Department. Rather it
is a further step in the development process.
Conditions are often imposed on a planning permission to
regulate certain aspects of an approved scheme and are an important
factor in the process. Were it not for conditions it is
possible that planning permission could have been refused.
Now that your planning application has been approved
Q. What do I need to do
A. Check your planning permission
carefully to ensure that there are no errors in it. If there
are, contact the Development Control Department immediately quoting
the reference number and setting out clearly what you think is
Identify which conditions require you to
submit further details or information, and when these have to be
complied with. Some conditions may have to be complied with
before the development starts, some may regulate how the work is
undertaken, others require actions before a building is occupied or
a use commences whilst certain conditions will seek to regulate how
the completed development is used or control possible changes in
the future. Consult with your advisors how best to comply
with those conditions.
If you are unhappy about any of the conditions
imposed you can lodge an appeal with the Planning Inspectorate but
you must do so within 6 months of the date of the decision.
Contact the Case Officer who dealt with your scheme if you want to
explore this further as any commencement during the appeal process
may invalidate the consent.
Q. Which conditions do I need to
A. All of them.
The first condition will limit the length of time that the
permission is valid, if work is not started within that time the
permission will lapse.
Before starting work you must discharge
(provide the Council with the information required and gain written
approval) all conditions that specify ‘prior to commencement
details are to be submitted…’ or are similarly worded. These
are known as “pre-conditions”. (see later)
Q. Are there any exceptions to the charges?
A. There are exceptions to the charges for
requests relating to Listed Building Consent, Conservation Area
Consent or if the request would be in respect of a reserved
matter (which should be the subject of a reserved matters
application). There is also no charge for applications
resulting from a condition removing "permitted development
Q. How do I discharge a
A. When applying to discharge a condition
ensure that the information, details and/or drawings submitted are
comprehensive and meet the condition required. A condition is
only discharged where the Council has formally confirmed that this
is the case.
The Council will reject applications for
condition compliance where the details are inadequate. To
understand exactly what is required you should read the condition
and reason carefully and in full.
Note: there may be a charge for confirmation
that a condition has been discharged. (see later)
Q. When should I submit the
A. Do not leave the discharge
of conditions until the last moment. Allow adequate time for
the Council to respond to your request to discharge conditions, as
the Council may need to seek specialist advice. Submitted
information should clearly identify the condition number it relates
Q. How do I vary an approved
A. Discharge of conditions
does not grant consent to vary the original approved
drawings. If you want, or need, to vary the permitted scheme
seek the advice of the Council first. A further planning
application is required for a variation or removal of a
Q. Where will I get advice on what to
A. The Council can only offer
general advice and cannot act as a free consultancy service. You
are urged to seek advice from your agent or other specialist where
Although you may anticipate the need for the
planners to seek a view on the details from another department such
as Highways or Environmental Health, you should always direct your
condition compliance details to the Case Officer who dealt with the
If you consult any other person or agency
seeking pre-discharge advice, be advised that until the Council’s
Planning Department has been formally notified by you and has
subsequently provided written approval of the details concerned,
the planning condition is not discharged.
Whilst all pre-conditions are important some
have a particular significance such as resolving contaminated land
issues, submitting archaeological assessments and the adequate
protection of trees. If work starts in the absence of these
details having been agreed, irrevocable damage may occur or
remedial works could be required that could involve a partial or
total demolition of the development. Special care should be
taken when dealing with a Listed Building as any works outside the
consent or conditions is not just unauthorised but is actually a
Q. What happens if I do not
A. Failure to discharge
conditions at the correct time can invalidate a planning permission
rendering the site without benefit of consent. Starting work
on site without complying with the pre-conditions may render your
permission null and void and can lead to enforcement action and
possible criminal sanctions.
This would then mean you would have to reapply
for planning permission, possibly attracting a further fee and
potentially other financial penalties, such as a contribution to a
new Section 106 Agreement. It is possible that depending on
the planning policy context the development may not be approved a
second time round. The delay may also mean that the absence
of a formal consent would be declared on any search.
Following the correct procedure and complying with all conditions
at the right time, within the development process, will
satisfactorily answer any search or enquiry by a Solicitor as the
file will contain the exchanges of correspondence.
The Council can check if conditions have been
discharged and also inspect sites to ensure development is in
compliance with the permission granted. Failure to have a
valid planning permission by not complying with the approved
drawings or planning conditions may have some of the following
consequences amongst others:
- Service of a Temporary Stop Notice – closing down any works on
- Issue of a Breach of Condition Notice
- Issue of an Enforcement Notice
- A need to re-submit a full planning application to the Council
if the consent is invalidated
- A record on Land Charges Searches that the development is
unauthorised (and possible subject to enforcement action)
- Potential difficulties in raising funds against or selling of
the land or building
- Prosecution if subsequent enforcement notices are not complied
- Undertaking works to a listing building in breach of conditions
is a criminal offence
Q. Is a fee payable?
A. There will be a standard
charge of £28 for householder developments, and £97 for all other
developments, per request.
Q. If I have more than one condition
to discharge, will I have to pay a fee for each
A. No, a fee is charged for
each “request”. Therefore if you apply for discharge of all
conditions at once, you will only be charged one fee. However, if
you send in details for each condition separately, these will be
counted as separate “requests” and you will have to pay further
Q. How do I make a request to
discharge a condition?
A. Requests to discharge
conditions should be made on the standard forms entitled “Application for Approval of Details Reserved by
Condition”. The appropriate fee must be provided with the
Q. How do I make a request for
confirmation or compliance with conditions?
A. Requests for
confirmation of compliance with conditions should be made in
writing or by e-mail to the address below. The appropriate
fee must be provided with the request.
Send completed forms / write to:
Bassetlaw District Council
Tel: 01909 533188
Fax: 01909 533400
Last Updated - 07/06/2013