If full planning permission is granted, you will normally have to start work within 3 years. The Council can set a longer or shorter time limit if appropriate, and will explain reasons on the decision notice. If the development is not started within this time limit, it will be necessary to re-apply for permission before the end of the time limit. If the application sought outline planning permission then a condition will specify the matters reserved for approval at a later date and state the time period within which the application for these matters is to be made.
As well as a condition relating to the period of time during which the permission shall be implemented the decision notice may also contain other conditions which should be complied with. Some conditions attached to a planning permission may require application for their discharge prior to work on site commencing e.g. you may be asked to submit details of materials.
Applying to Discharge Planning Conditions
Applications to discharge planning conditions must be made to the Local Planning Authority in writing, clearly identifying the relevant permission and the number(s) of the condition(s) concerned or by using a discharge of condition form. You can also submit your request to discharge planning conditions through the national planning portal. You can apply to discharge multiple conditions within the application, each application will require the payment of a fee.
Failure to obtain approval for the discharge of conditions can lead to enforcement action being taken and can also delay the sale of a property as a purchasers Solicitor may require evidence that conditions have been complied with.
Refusal of Planning or other Permission
On average, the Council approves about 80% of planning applications (90% of ‘householder’ applications). If the Council refuses an application the decision notice will set out the reasons for the decision. It is open to the applicant to ask if there are any changes that could be made to overcome the reason(s) for the application being refused. Another fee may not be charged if a revised application is made within a year for the same proposal. Alternatively, the applicant can appeal to the Planning Inspectorate (see Appeals Section).
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