Planning Conditions on Your Extension — What They Mean and What to Do About Them

• A planning condition is a requirement attached to a planning permission that the permission is only valid if certain things are done (or not done). Conditions are imposed under Section 70 and Section 72 of the Town and Country Planning Act 1990 and must:
• •Be necessary to make the development acceptable
• •Be relevant to the development and planning objectives
• •Be enforceable
• •Be precise and reasonable

• There are three types of condition:
• •**Pre-commencement conditions**: must be satisfied (usually by submitting information to the council and getting approval) before work starts
• •**During-construction conditions**: requirements that must be met while the works are being carried out (e.g., hours of construction, supervision requirements, protecting trees)
• •**Post-completion conditions**: requirements that must be met after the works are finished (e.g., occupation restrictions, use restrictions)

**The 'approve in writing' conditions**: the most important to notice are conditions worded 'no development shall take place until written approval has been obtained from the local planning authority for the following...'. These conditions are pre-commencement and require you to submit a formal 'Discharge of Condition' application before starting any site works.

The most common conditions imposed on householder planning permissions for extensions and loft conversions in London:

**1. Materials condition** Wording: 'The external materials to be used for the walls, roof, and window/door frames shall match those of the existing dwelling, unless otherwise approved in writing by the local planning authority.' What it means: you cannot use different materials from those specified without prior written approval. Common in Conservation Areas and where material compatibility is a concern. How to discharge: submit a Discharge of Condition application with photos and/or samples of the proposed materials.

**2. Obscure glazing condition** Wording: 'The first-floor window(s) in the [rear/side] elevation shall be glazed with obscure glass and shall be top-hung or fixed shut, and shall thereafter be permanently maintained as such.' What it means: the planning authority approved the extension on the basis that the window(s) won't allow overlooking into neighbouring properties. Obscure glass and limited opening ensures privacy. How to discharge: this is a continuing condition, not pre-commencement — confirm the windows are installed as specified; no formal application needed.

**3. Window restriction condition** Wording: 'No windows or rooflights shall be inserted in the [roof/side/rear] elevation of the extension without prior written approval from the local planning authority.' What it means: you cannot add additional windows beyond those shown on the approved drawings without a further application. How to discharge: a further planning application or prior written approval from the council.

**4. Hard and soft landscaping condition** Wording: 'Prior to the completion of the development, details of hard and soft landscaping, including the treatment of the front garden/forecourt, shall be submitted to and approved in writing by the local planning authority.' What it means: must submit and get approval for the landscaping details before or immediately after completion. How to discharge: submit a Discharge of Condition application with a landscaping plan.

**5. Construction Management Plan condition** Wording: 'No development shall take place until a Construction Management Plan detailing working hours, delivery routes, and dust/noise management has been submitted to and approved in writing by the local planning authority.' What it means: a pre-commencement condition requiring you to submit and get approval for a site management plan before any work starts. How to discharge: submit the Construction Management Plan to the council and obtain written approval before starting.

**6. Drainage condition** Wording: 'No building works shall take place until details of drainage, including SUDS (Sustainable Urban Drainage System) measures, have been submitted to and approved in writing by the local planning authority.' What it means: drainage must be designed before works start — often requires a drainage engineer's input. How to discharge: submit drainage details to the council.

To formally discharge a pre-commencement or post-commencement condition:

**Step 1: Identify which conditions are pre-commencement** Read the full planning decision notice carefully. Highlight every condition that includes 'no development shall take place until' — these must be discharged before any site works begin. Do not start on site until pre-commencement conditions are discharged.

**Step 2: Submit a Discharge of Condition application** Applications to discharge conditions are submitted to the local planning authority via the Planning Portal or the local council's planning portal. The fee for each application (in England) is £34 per condition application for a householder application (as of 2024).

**Step 3: Provide the required information** The application must include the specific information required by the condition — materials samples or specification, landscaping plan, Construction Management Plan, or drainage details.

**Step 4: Wait for written approval** The council has 8 weeks to discharge a condition (the same as for a full application). Discharge typically takes 4–8 weeks. Do not start works that require a pre-commencement condition to be discharged before you receive written approval.

**Step 5: Keep records** Retain the written discharge notice (the 'prior approval' letter) with your other project documents. It may be required by a conveyancer on any future sale to evidence that the planning permission was properly implemented.

Ignoring planning conditions is a significant risk:

**The planning permission may be invalid**: if a pre-commencement condition is not discharged before works start, the planning permission may be treated as not having been implemented — meaning the works were carried out without planning permission.

**Enforcement risk**: the local authority can issue an Enforcement Notice requiring works to be reversed. Failure to comply with an Enforcement Notice is a criminal offence.

**Sale implications**: on any future sale, your conveyancer and the buyer's conveyancer will review the planning permission and check whether conditions were complied with. A condition that was not discharged creates a potential risk for the buyer — which may result in a price reduction, a requirement for indemnity insurance, or a deal falling through.

• **What to do if you discover non-compliance after the fact**:
• If you realise after works are complete that a condition was not discharged:
• •Submit a retrospective Discharge of Condition application (not guaranteed to be accepted)
• •Or: apply for a Certificate of Lawfulness for the breach
• •Or: take out planning indemnity insurance (available from specialist insurers — typically £100–£500 for a standard residential case)

The best approach is always to deal with conditions before they become a problem — not after.