Planning Conditions in London: Pre-Commencement Conditions, Discharge Applications, and How to Manage Them

**The legal basis for planning conditions**:

Planning conditions are imposed on planning permissions under Section 70(1) of the Town and Country Planning Act 1990. The NPPF (paragraph 55) requires that planning conditions should only be imposed where they are: 1. Necessary 2. Relevant to planning 3. Relevant to the development permitted 4. Enforceable 5. Precise 6. Reasonable in all other respects (the six tests)

In practice, many London planning permissions are granted with numerous conditions — some appropriate and specific; some more formulaic. Understanding the purpose and implications of each condition is essential before starting work.

**Category 1 — Pre-commencement conditions (the most critical for programme management)**:

Pre-commencement conditions must be discharged — i.e., the required information must be submitted to the LPA, reviewed, and approved — BEFORE ANY WORKS COMMENCE ON SITE. Commencing development before discharging pre-commencement conditions is a breach of planning control, even though planning permission has been granted.

*Common pre-commencement conditions in London planning permissions*:

*Materials conditions*: 'Prior to commencement of development, samples of the materials to be used in the external walls [and roof] of the extension shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved materials.'

Response required: submit samples (or detailed specification) of external facing bricks, roof tiles, window frames, and external joinery — typically as a physical sample panel reference and a written specification schedule.

*Archaeology conditions*: 'Prior to commencement of any groundworks, a written scheme of investigation for an archaeological evaluation shall be submitted to and approved in writing by the Local Planning Authority. The evaluation shall be carried out in accordance with the approved scheme.'

Common in London Boroughs with significant archaeology (central London; Thames-side; areas of known Roman or Medieval activity). Requires an archaeologist to submit a Written Scheme of Investigation (WSI), which the LPA approves before groundworks begin. A watching brief during groundworks may also be required.

*Drainage conditions*: 'Prior to commencement of development, details of the surface water drainage strategy, including drainage calculations and confirmation of assessment of the risk of flooding from all sources, shall be submitted to and approved in writing by the Local Planning Authority.'

Requires a drainage engineer to produce a surface water drainage scheme before groundworks commence — confirming how rainwater runoff from the new development will be managed (typically sustainable drainage: soakaway; permeable paving; green roof; attenuation tank).

*Tree protection conditions*: 'Prior to commencement of development, and in accordance with the approved Arboricultural Impact Assessment, tree protection measures shall be installed in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. No development shall take place until the tree protection measures are in place and have been approved by the Local Planning Authority.'

Common where the development is near protected trees or trees in a conservation area. An arboriculturist must confirm the protection measures are in place before groundworks commence.

*Contamination conditions*: 'Prior to commencement of development, a Phase II geo-environmental assessment shall be submitted to and approved in writing by the Local Planning Authority. If any contamination is identified, a remediation strategy shall be submitted and approved before development commences.'

Required where the site has potential contamination from previous industrial use or known landfill.

*Pre-commencement condition — the 2021 planning legislation requirement*:

Under the 2021 planning reforms, an LPA must now seek the written agreement of the applicant before imposing a pre-commencement condition. If the applicant refuses to agree to a pre-commencement condition, the LPA must either omit the condition (and grant permission without it) or refuse the application. This requirement is intended to prevent LPAs from routinely imposing unnecessary pre-commencement conditions — but in practice, most applicants accept pre-commencement conditions as part of the planning negotiation.

**Category 2 — Pre-occupation conditions**:

Pre-occupation conditions must be discharged before the development is first occupied or brought into use. They are less critical for the start of construction but can delay occupation if not managed in the programme.

*Common pre-occupation conditions in London permissions*:

*Fire safety conditions (HMO and residential development)*: 'Prior to the first occupation of the building, a Fire Safety Report confirming the installation and commissioning of the required fire detection and alarm system, emergency lighting, and fire separation shall be submitted to and approved in writing by the Local Planning Authority.'

*Soundproofing conditions (party wall and HMO)*: 'Prior to first occupation, evidence of pre- and post-completion acoustic testing demonstrating compliance with the approved sound insulation specification shall be submitted to and approved by the Local Planning Authority.'

*Landscaping conditions (extensions and new builds)*: 'Prior to first occupation of the development, the approved landscaping scheme shall be implemented in full in accordance with the approved drawings [Drg. No. LS-01]. All plants that die within 5 years of planting shall be replaced.'

*Waste management conditions (HMO and larger schemes)*: 'Prior to first occupation, details of the waste and recycling storage arrangements shall be submitted and approved by the Local Planning Authority.'

**Category 3 — Ongoing (permanent) conditions**:

Ongoing conditions run for the life of the development — they are permanent restrictions on use or requirements for maintenance that remain binding on all future owners.

*Common ongoing conditions in London permissions*:

*Use restrictions*: 'The extension hereby permitted shall be used only in connection with the dwellinghouse at [address] and shall not be used separately as a self-contained dwelling.'

*Restriction of further PD rights*: 'Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any subsequent Order revoking or re-enacting the Order), no further extensions, outbuildings, or roof alterations shall be erected or constructed other than those expressly authorised by this permission.'

This condition removes permitted development rights for the property and is common in conservation areas — it means that any future extension or loft conversion, no matter how small, will require planning permission.

*Window obscure glazing conditions*: 'The windows in the flank wall of the extension at first floor level shall be permanently glazed with obscure glass (minimum Level 3 obscurity) and non-openable [or fixed closed above 1.7m from internal floor level] and shall be permanently maintained in that condition.'

*Working hours conditions*: 'Construction of the development shall only take place between the hours of 08:00 and 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays. No construction shall take place on Sundays or Bank Holidays.' (Not technically a planning condition for the building itself — often a separate requirement from Environmental Health — but sometimes included as a planning condition.)

**What a Discharge of Condition (DoC) application is**:

A Discharge of Condition (DoC) application (also called an application to approve details required by condition, or an S73A application in some contexts) is a formal application to the LPA asking it to approve the information or details required by a specific planning condition.

DoC applications are submitted to the same LPA as the original planning application and are processed by the planning department (not Building Control — DoC applications are separate from Building Regulations applications).

• **When to submit a DoC application**:
• •For pre-commencement conditions: BEFORE any site works commence
• •For pre-occupation conditions: in time for the LPA to determine the application before you intend to occupy — allow 8 weeks for the DoC determination
• •For ongoing conditions: where specific details are required at defined trigger points in the development (e.g., 'prior to the completion of the roof structure, details of the parapet construction shall be submitted and approved')

• **DoC application fee (England 2025)**:
• •£34 per condition (for householder applications)
• •£116 per condition (for other applications, including extensions of 3 or more dwellings, commercial development)
• •Multiple conditions discharged in one application: total = £34 (or £116) × number of conditions being discharged

*Example*: a London householder extension with 3 pre-commencement conditions (materials; drainage; tree protection): 3 × £34 = £102 total DoC fee.

**DoC application process**:

1. Prepare the information required by the condition (materials specification and sample panel location; drainage engineer's report; arboricultural tree protection plan; etc.) 2. Submit the DoC application via the Borough's planning portal or via the Planning Portal national service at planningportal.co.uk 3. Include: • The site address • The original planning permission reference number • The condition number(s) being discharged • The supporting information required by each condition (drawings; reports; specifications; photographs of sample panels) 4. The application is validated and registered by the LPA 5. The LPA has 8 weeks to determine the DoC application (2 months for most London Boroughs) 6. The LPA issues one of three decisions: • Approval: the condition is discharged and development can proceed • Approval with minor amendments: the LPA approves the information submitted but with minor modifications • Refusal: the information submitted is not adequate to discharge the condition — you must resubmit with revised or additional information

**What happens if the LPA takes longer than 8 weeks**:

If the LPA fails to determine the DoC application within 8 weeks, the applicant can appeal the non-determination to the Planning Inspectorate. However, most London Borough planning departments are under significant pressure — DoC applications for pre-commencement conditions can sometimes take longer than 8 weeks in practice, particularly in Inner London Boroughs.

For programme-critical pre-commencement conditions (e.g., on a time-sensitive project where construction must start by a specific date), contact the case officer proactively about 4 weeks after submitting the DoC application to request an update on progress.

**Discharging conditions informally — the 'pre-app agreement' route**:

For some pre-commencement conditions on simple householder applications, LPAs in London will accept an informal approval of details by email from the case officer without requiring a formal DoC application. This is not formally recognised as a discharge but may be accepted in practice on simple projects. Where certainty is required (for mortgage applications; future property sales; legal clarity), a formal DoC application is preferable — the written DoC approval is a clear public record.

**Condition monitoring during construction**:

• For larger projects with multiple conditions at different trigger points, maintain a condition compliance log:
• •List every condition in the planning permission
• •Note the trigger point (pre-commencement; pre-occupation; specific programme milestone; ongoing)
• •Note the action required (submit to LPA; install; commission; test)
• •Note the person responsible and the target submission/completion date
• •Record the date submitted to LPA and the LPA's response date

Share the condition compliance log with the architect, structural engineer, and principal contractor — so that conditions are not overlooked in the pressure of the construction programme.

**When to challenge a planning condition**:

Not all planning conditions are appropriate — some may be unnecessary, vague, overly burdensome, or poorly drafted. Where a condition fails the NPPF six tests (see above), it can be challenged:

*Option 1: Challenge at the time of application*: The strongest point at which to challenge a proposed condition is during the planning determination process — before the condition is included in the Decision Notice. Where the case officer has indicated a condition that appears to fail the six tests, the applicant should raise this during pre-determination negotiation with the officer, setting out specifically which NPPF test the condition fails and proposing either the omission of the condition or a revised, more proportionate wording.

*Option 2: Section 73 application to remove or vary a condition*: After planning permission is granted, a Section 73 application can be made to vary or remove a planning condition. A Section 73 application is a new planning application for planning permission for the development subject to different conditions. It does not affect the original planning permission — if the Section 73 application is refused, the original permission stands.

*Section 73 application fee*: the same as the original application fee (or the minor works fee if the original was a major application).

• *Common uses for Section 73 applications in London*:
• •Removing an unnecessary materials condition on a straightforward rear extension
• •Varying a construction working hours condition where the contracted working hours are more restricted than necessary
• •Removing a condition restricting further PD rights where the restriction is wider than necessary to protect the relevant planning interest
• •Varying a window glazing condition where the specified level of obscure glass is more restrictive than needed to protect privacy

*Option 3: Section 191 certificate of lawfulness of existing use (for non-compliance that is now immune)*: Where a planning condition has not been complied with and the non-compliance dates back beyond the enforcement immunity period, an application for a Certificate of Lawfulness of Existing Use or Development (CLUED — sometimes called a Section 191 certificate) can confirm that the non-compliance is now immune from enforcement action. This is relevant where, for example, a materials condition was not discharged before works commenced and the works have now been in place for more than 4 years.

**Planning conditions and property sales**:

All planning conditions (including undischarged conditions) are disclosed in a local land charges search and planning portal search at property sale. Key issues that a buyer's solicitor will raise:

*1. Undischarged pre-commencement conditions*: If construction has been completed but pre-commencement conditions were never formally discharged, the buyer's solicitor will raise this as a potential planning breach. The seller must either obtain retrospective discharge of the conditions or provide a statutory indemnity insurance policy covering the planning risk.

*2. Ongoing conditions restricting further development*: A condition removing PD rights (e.g., 'no further extensions shall be erected other than those hereby permitted') significantly affects the development potential of the property and may affect its market value. Buyers should check for such conditions in the Decision Notice at due diligence stage.

*3. Materials conditions and the appearance of the development*: If works were carried out in materials different from those approved in a materials condition (e.g., UPVC windows were installed instead of the approved timber sash windows), this is a breach of planning condition and potentially a breach of planning enforcement. A buyer's solicitor will raise this and the seller will need to regularise the position — either by retrospective discharge (which requires the LPA's approval) or by indemnity insurance (for minor planning risk only).