General
When a planning permission is granted conditions are set as part of the permission to regulate specific areas concerning the development. The most common condition set is that controlling the expiration of the planning permission, which is usually limited to 3 years. In addition there are conditions which are valid for the lifetime of the development permitted such as those requiring that any works shall be carried out as per the submitted details and 'thereafter retained in perpetuity'.
Finally there are conditions set specifically in respect of an individual planning application. The discharge/approval of these conditions can be set to take place throughout the lifetime of the planning permission at a specified time. For instance construction levels, boundary treatments and landscaping will always need to be agreed prior to commencement of a development whilst other matters only need to be implemented before the first occupation/use of the development concerned or within a longer defined period. The specific timescale is laid out in the individual conditions of the planning permission.
Background
In April 2008 the Government brought in new legislation in relation to the discharge of conditions, which was accompanied by a Circular.
- Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008.
- Circular 04/2008 Planning-Related Fees
The legislation introduced the following:
“Fee for confirmation of compliance with condition attached to planning permission: England”.
- Householder Development – fee £34
- Other development – fee £116
The Circular made it clear that applications could be required for the approval of details required by condition and confirmation of compliance with condition.
This Council did not introduce this immediately as it wanted to ensure that before doing so it was in a position to respond to such requests in a timely manner.
The Council will however charge for approval of details of conditions and confirmation of compliance with conditions from 1 January 2010. It is understood that other Councils in North Northamptonshire already charge for the discharge of conditions.
The Application
The application can be in the form of a letter or can be made on the specific 1APP form, Discharge of Planning Conditions application form.
The Fee
These are as set out above. The fee is not the amount per condition it is the fee per application. One application can be made for a number of conditions. In addition, the application does not need to seek the approval of details/ confirmation of compliance with all conditions attached to a planning permission. The fee must be provided when the request is made and cannot be provided retrospectively.
Timescales
We have 8 weeks to determine applications, or any longer time period that might be agreed by an applicant. If an application is not determined within 12 weeks the fee has to be repaid.
However we will aim to deal with the discharge of conditions in a much shorter period – our target is to process them within 30 working days.
The legislation is applicable to any application irrespective of the decision date.
Appeals
An appeal can be lodged if we do not make a decision within 8 weeks of the application.
Frequently Asked Questions
If the developer wants to change details that have already been approved under the condition then this needs to be a new application for which a fee is payable.
If an application has already been made for the discharge of conditions then if the conditions are new ones then a further application with a fee needs to be submitted. If there has already been an application for a condition then a fee is not required for this condition unless the request includes new conditions for which an application has not previously been made.