What Are Planning Conditions?
When a planning authority grants planning permission, it may attach conditions to the consent. These are requirements that must be met before, during, or after the development is carried out.
Common types of conditions include:
- Approval of materials before work starts
- Approval of drainage details
- Restrictions on construction hours
- Ecological surveys or mitigation measures
- Archaeological watching briefs
- Landscaping requirements
Pre-Commencement Conditions
A pre-commencement condition requires something to be agreed with the planning authority before any work on site begins. If you start work on site before a pre-commencement condition is discharged, the planning permission may be invalidated — potentially making the work unlawful.
Common pre-commencement conditions include:
- Sample materials (brick, render, roof tile) approved in writing before work starts
- Construction management plan submitted and agreed
- Drainage scheme agreed before work starts
- Levels survey or setting-out plan submitted before work starts
Starting work before these are discharged is a common and costly mistake.
Pre-Occupation Conditions
A pre-occupation condition must be satisfied before the building is occupied or put into use. Examples:
- Landscaping scheme installed before occupation
- Parking spaces provided and available before occupation
- Sound insulation measures in place before occupation
Ongoing Conditions
Some conditions apply throughout the life of the development:
- Restrictions on the hours during which a commercial use can operate
- Ecological management plans
- Tree protection measures
How to Discharge a Condition
To discharge (formally satisfy) a planning condition, you must submit an application to the planning authority. This is called a Discharge of Condition application.
The process:
- Prepare the required information (samples, drawings, documents, etc.) as specified in the condition
- Submit a Discharge of Condition application via the Planning Portal, with a fee (typically £34 per request for householder applications, £116 for minor applications)
- The planning authority reviews the submission (statutory determination period is 8 weeks, though most are faster)
- If accepted, a written notice confirms the condition is discharged
- You retain that notice as evidence
Never rely on a verbal confirmation from a planning officer that a condition is satisfied. Written discharge is the only reliable record.
Informals vs. Conditions
Some planning authorities add informals — advice notes that accompany the decision but are not conditions. Informals are not legally binding, though they may reflect the authority's expectations. Always distinguish between conditions (binding) and informals (advisory).
What Happens If You Ignore a Condition?
Failing to comply with a planning condition is a breach of planning control. This can result in:
- An enforcement notice requiring remedy of the breach
- A requirement to cease the use or demolish unauthorised works
- Difficulties when selling the property (solicitors' searches will reveal the breach)
- A planning enforcement record on the property
Note that planning enforcement is not subject to a time limit for breach of conditions (unlike some other categories of enforcement) — an unresolved breach from years ago can still be enforced.
Retrospective Discharge
If you have already started work before a pre-commencement condition was discharged, it is worth taking legal advice on the specific wording of the condition and the planning permission. Some conditions are drafted in a way that may not technically prevent the permission from being valid, but this depends entirely on the wording used.
In general, do not rely on this — discharge conditions before starting work.
rcbGroup
rcbGroup manages condition discharge as part of the pre-construction process. We identify all pre-commencement conditions at the point the planning decision is received and prepare discharge submissions for conditions that fall within the construction team's remit — including materials, drainage, and construction management plans.