Planning Permission

Planning Conditions Discharge 

The discharge of a planning  conditions 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.

Once you have your planning permission you shouldn’t think that you can start building work tomorrow. For one thing, you need building control approval.

For another, your decision notice will have a sentence starting: ‘Subject to the following conditions… with a list of conditions. What are planning conditions and what does it mean to discharge planning conditions? In this article, we will show you how you can stop worrying about your planning conditions. We will take you step-by-step through the process of discharging all planning conditions relating to your planning permission. You will find out the best ways to apply to discharge your planning conditions and start the construction phase of your project.

The first one, the condition that all applications have will be the time limit, which is nearly always three years. For some projects, there will only be one other condition an order to do everything according to the approved planning drawings. You should not ignore any conditions, building something that doesn't match the approved drawings is in breach of planning conditions and in the worst-case scenario, the council could ask you to demolish the build.

Your approval letter may also go on to list a number of other conditions. Some may be pre-commencement conditions, others post commencement. You will need to discharge the pre-commencement conditions before starting construction work. These are likely to be about the details of the project. You will likely need to submit an application for approval of details reserved by condition, you will need to provide details of how you will be discharging each conditions. Conditions discharge usually takes eight weeks.

Here are some examples of conditions we’ve had on previous applications:

• Prior to the installation of the roller shutters hereby approved, full details of the roller shutters (including design and colour), and a sectional plan detailing the roller shutter housing, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details. Roller shutter(s) fitted at the premises must NOT cause a noise nuisance at residential premises during opening/closing operation of the shutter(s) in accordance with the Environmental Protection Act 1990. Electrically operated shutters are recommended.

• Prior to the commencement of use hereby approved, a scheme for the control of cooking odours and fan noise from the premises shall be submitted to and approved in writing by the • Prior to commencement of the use hereby approved, a scheme detailing soundproofing shall be submitted to and agreed in writing by the Local Planning Authority.

• Before the development commences a scheme for acoustically insulating the proposed residential accommodation against noise from nearby roads and nearby commercial premises shall be submitted to and approved in writing by the City Council as local planning authority. The approved noise insulation and ventilation scheme shall be completed before any of the dwelling units are occupied. Noise survey data shall include measurements taken during a rush-hour period and night time to determine the appropriate sound insulation measures necessary.

• Prior to first occupation of the residential units, a verification report shall be required to validate that the work undertaken throughout the development conforms to the recommendations and requirements in the approved acoustic consultant's report. The report shall also undertake post completion testing to confirm that the internal noise criteria have been met. Any instances of non-conformity with the recommendations in the report shall be detailed along with any measures required to ensure compliance with the internal noise criteria.

How can HAD & CO help you?

Please send us details of your application, including the decision notice. We can then discuss your conditions in further detail.