Do All Planning Conditions Need To Be Discharged?

Is there a time limit on planning enforcement?

The Town and Country Planning Act 1990 sets time limits for enforcement, after which developments are immune from action.

In most cases, these are: Within four years of substantial completion for a breach of planning control consisting of operational development..

How long can you go without planning permission?

The ‘4 Year Rule’ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.

What is a Section 73 in planning?

Section 73 of the Town and Country Planning Act 1990 enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under this section a local planning authority may amend or remove conditions but may not amend any other part of the permission.

What is a Grampian condition in planning?

The term is commonly also used in England and Wales. A “Grampian condition” is a planning condition attached to a decision notice that prevents the start of a development until off-site works have been completed on land not controlled by the applicant.

What happens if you don’t discharge planning conditions?

Failure to discharge conditions at the correct time can invalidate a planning permission. For example, starting work on site without complying with the pre-conditions may render your permission null and void leading to enforcement action and possible criminal sanctions.

How do you discharge planning conditions?

Planning authorities must provide notice of their decision within 8 weeks from the date the request was submitted. If after 12 weeks, no decision has been received (and even if an extension of time is agreed for discharging the condition), the fee must be returned to the applicant.

What are planning conditions?

The National Planning Policy Framework (NPPF) defines a planning condition as, ‘A condition imposed on a grant of planning permission (in accordance with the Town and Country Planning Act 1990) or a condition included in a Local Development Order or Neighbourhood Development Order. ‘

How do I appeal a planning condition?

You can make an appeal online on the Planning Inspectorate’s website. You can also use the service to search for and comment on an appeal. Before you start please read the introductory notes on GOV.UK.

What are pre commencement planning conditions?

Pre-commencement conditions are those conditions on a planning permission which must be fulfilled before work starts on site or before the use of land changes.

What does discharge of planning conditions mean?

There are often conditions attached to planning permissions that need further details to be submitted and approved by the council at certain stages of the development. This process is called ‘discharge of conditions’.

How long do planning conditions take to discharge?

How long does it take? It is important to note that this process takes up to eight weeks from the date the office receives a valid application. The process cannot be fast-tracked or prioritised so it is important to plan ahead for your start date, or for when your current permission is due to expire.

What is the 10 year planning rule?

‘THE 10 YEAR RULE’ applies to a Change of Use to land and buildings which must have existed in excess of 10 years before it can be protected from enforcement action. … Immunity and lawfulness may not be granted when an applicant purposefully hides the use, building or operation with a pure intention to evade enforcement.

What is conditional permission in planning?

Conditional permission 6.3 As an alternative to outright refusal, the planning authority can grant permission subject to one or more conditions. … Planning conditions sometimes limit the use or occupation of land or premises to a named person or company.

Can I get copies of building regulations approval?

Can I obtain a copy of Building Regulation Full Plans Approval Notice and/or the Completion certificate? Yes. Copies can be obtained by written request via post, e-mail or fax.

Can planning conditions be removed?

As some readers will know you can remove a condition from a planning permission, by making a “section 73 application” to the local authority, paying a fee – and waiting around for a decision. … It is an entirely new, standalone planning permission. The conditions that burdened the original consent need to be re-stated.

What happens if you breach planning conditions?

A planning breach in itself is not illegal and the council will often permit a retrospective application where planning permission has not been sought. … Your local planning authority can serve an enforcement notice on you when they consider you have broken planning control rules.

Can you discharge a planning condition more than once?

It is possible to use one application to seek to discharge more than one planning condition, as long as it is made clear on the application form which conditions are being discharged and the relevant details required for each condition are submitted.

Can a lawful development certificate be refused?

If you have been refused a lawful development certificate by the local planning authority (LPA) then you can appeal that decision. … If the LPA refuses such an application for a lawful development certificate then you can appeal that decision, and the Planning Inspectorate will review your submission.