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Planning Conditions for London Home Projects
When London Borough planning departments approve planning applications, they often attach conditions to the approval. Understanding what these conditions require, which conditions must be satisfied before work begins, and how to formally discharge them is an essential part of moving from planning approval to construction for London homeowners.
What Is a Planning Condition?
A planning condition is a requirement attached to a planning permission that must be complied with. Conditions can control many aspects of a development -- the materials used, the timing of the works, landscaping requirements, the hours of operation, or the details of specific elements of the design. Breach of a planning condition is a breach of planning control, which can lead to enforcement action.
Types of Planning Condition
Pre-commencement conditions: conditions that must be discharged (formally approved by the council) before any work begins on site. These are the most important from a practical point of view because work cannot legally start until they are satisfied. Common pre-commencement conditions include:
- Approval of samples of external materials
- Approval of detailed drawings of specific elements (windows, rooflights, balustrades)
- Approval of a Construction Management Plan (CMP) or Construction Traffic Management Plan (CTMP)
- Completion of an arboricultural survey or tree protection plan
- Approval of drainage details
Pre-occupation conditions: conditions that must be satisfied before the completed development is occupied. Common examples:
- Completion of landscaping and planting
- Provision of cycle storage
- Installation of EV charging points
- Provision of acoustic insulation to a specified standard
Ongoing conditions: conditions that apply throughout the life of the development. Common examples:
- Restriction on permitted development rights (preventing future extensions or alterations without permission)
- Use restrictions (for example, restricting an annexe to ancillary use with the main dwelling)
- Maintenance requirements for drainage systems or green roofs
Informative conditions: notes attached to the planning approval that do not impose additional requirements but direct the applicant's attention to other regulatory requirements (Building Regulations, Party Wall Act, highways requirements). These are advisory, not enforceable conditions.
How to Discharge Planning Conditions
To discharge a pre-commencement condition, the applicant must submit a discharge of condition application to the planning department of the relevant London Borough. This application:
- Specifies which condition(s) it is seeking to discharge
- Submits the required information (material samples, detailed drawings, reports, or statements as specified in the condition)
- Is accompanied by the discharge of condition application fee (currently £43 per request in England, or £128 for applications involving householder matters)
The planning department has 8 weeks to determine the discharge application (2 months). In practice, many London Borough planning departments take longer than this. The council issues a written decision either approving the discharge of the condition or requiring further information.
It is essential not to start work on site until pre-commencement conditions have been formally discharged. Starting work before a pre-commencement condition is discharged is a breach of planning control even if the planning permission has been granted -- the condition is a precondition to the permission taking effect.
Common Mistakes London Homeowners Make With Planning Conditions
Starting work before discharging pre-commencement conditions: the most serious mistake. Can lead to enforcement action, stop notices, and difficulties selling the property later.
Treating conditions as minor administrative matters: some conditions (arboricultural surveys, CMP, drainage details) require substantive work and professional input. Allow adequate time.
Not notifying the building contractor of conditions: the contractor needs to know what conditions apply, especially those relating to working hours, deliveries, site management, and protection of trees or boundaries.
Not keeping evidence of compliance with ongoing conditions: if a condition requires that approved materials are used, keep records (delivery notes, photographs) showing that the approved materials were installed.
Checking Your Planning Approval for Conditions
Planning decisions and their attached conditions are available on the planning portal of the relevant London Borough (accessible via the planning section of each council's website). All planning documents are public records. Always read the planning decision notice (not just the approval letter) to identify the full list of conditions and what each requires.
rcbGroup and Planning Conditions
rcbGroup checks planning conditions as part of our pre-construction review for every project. We help clients understand which conditions must be discharged before work begins, assist with the preparation of information required for discharge applications, and work with the architect and planning consultant to manage the discharge process.
Contact our team to discuss the planning conditions for your London project.
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Important Note
This guide is for general information only. Building regulations, planning rules, and legal requirements change regularly and vary by local authority. Always seek professional advice specific to your project and location. To talk through your own project, book a project review.
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