Planning obligations

Conditions on approved planning applications

Planning conditions can be put on a planning permission. These conditions can require the developer to do works or to send us more details.

In order to control development, suitable conditions may be imposed on a planning permission.  The aim of conditions is to make a proposal acceptable when the only other alternative may have been to refuse it.   Conditions can only control the application site itself or adjoining land under the applicant's control.  The power to impose conditions when granting planning permission is very wide.

Where we may wish to control the impact of a development, but the desired restrictions go beyond the bounds that conditions cover, we may enter into a Section 106 Agreement or Planning Obligation.   Planning obligations will only ever be prepared when it is considered that a development will have negative impacts that cannot be dealt with through conditions.

A fee is payable where a written request is made for the discharge of one or more conditions on the same application. The fee is payable for each request and not for each condition. For example, if your planning permission was granted subject to 3 conditions that reserved details for approval at a later date and you apply to discharge the first two conditions together and then the third at a later date, you will have to pay two separate fees.

There are set fees depending if the related permission was for extending or altering a dwelling house or other development. The fee must be paid when the request is made, it does not matter when the permission was granted. The request, identifying the permission and the conditions concerned can be made via the planning portal.

We aim to deal with all requests within 8 weeks. The submitted fee will be refundable if there isn't a response sent within 12 weeks from the date of receipt of a valid request, and an extension in time has not been agreed. 

Since 1992, we have been able to ensure compliance with many planning conditions by serving a breach of condition notice.