Complying with planning conditions
Most planning and Listed Building approvals will be subject to conditions. It is the responsibly of the owner of the property to ensure that these conditions are complied with and that the development is carried out in accordance with the approved plans.
Not complying with conditions can result in enforcement action and the serving of a Breach of Condition Notice or an Enforcement Notice. The service of a Breach of Condition Notice can result in the owner of the land being prosecuted in the Magistrates Court if the breach is not rectified. An Enforcement Notice binds the land and is registered as a Local Land Charge. If the Enforcement notice is not complied with the owner of the land can be prosecuted in the Magistrates Court or the Crown Court. An Enforcement Notice may be challenged by appealing to the Planning Inspectorate.
When selling or raising finance on land or property buyers and mortgagees will normally want proof that any conditions applied to planning permissions have been complied with. Non compliance with or lack of proof of compliance with planning conditions is a frequent cause of delays in the conveyancing process and can even result in property sales falling through. It is therefore important for the owner to comply with any conditions and to keep a record of any written confirmation from the Local Authority, where this was required by the condition.
It is important to take note of the wording of conditions. If a condition requires certain matters to be submitted or undertaken prior to the commencement of the development, there is s risk of enforcement action as outlined above if they are submitted/undertaken after the works have started.
Since 2008 charges have been introduced where conditions required information to be submitted to and agreed in writing by the Council (known as discharging conditions).
The simplest way to submit a Discharge of Conditions Application is online via the Planning Portal
Registration is easy and you can complete your application form, upload supporting documents and pay fees online.
You can also submit a request for discharge of conditions in writing. Forms are available on our Planning application forms page.
Any changes to the approved plans must be notified to and approved by the Council in writing. In most cases including any material changes to size or siting of any building, or where further consultation would be required a new planning application may be necessary. Some minor changes may be acceptable as "minor amendments". The officer who dealt with the application or the duty planning officer will be able to offer advice on this. If a change to a condition is sought an application must be made to modify or remove the condition.