Planning or related applications can be granted subject to one or more conditions dependent on the type or nature of the application. The Planning Development Section often use model conditions, although this does not preclude the use of non-standard conditions. Conditions can be restrictive, informative or require the submission of details. Planning conditions should be imposed in accordance with national policy and have regard to the regional, county and Borough policies.
The Council charges a fee for any submissions seeking either the discharge of conditions on a planning permission or confirmation that conditions have been discharged. This is in accordance with The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 which were introduced by the Government in April 2008.
All such requests must be in writing either by letter or on the National 1APP form and identify the permission reference and the condition(s) concerned. Without a fee, the request cannot be determined.
The fee is £85 per request, or £25 per request for development either involving the extension or alteration of a dwelling or within the curtilage of a dwelling. If the initial submission is refused then a new fee will be required for each subsequent submission.
Each written request or form may relate to any number of conditions. For example, if you wish to submit details of the brick and roof tile pursuant to one condition and the joinery details pursuant to a second at the same time, you may do so using one letter or form and fee.
The Council will normally aim to respond within 8 weeks, from the date of each submission, unless further evidence or consultations are required in which case a longer timescale will be appropriate.
On more complex planning applications where there are multiple conditions applicants are advised to make one submission to discharge all conditions as this can aid the decision making process by having complete details for the proposed development for the case officer and various consultees to consider.
Listed Building Consents and Conservation Area Consents do not form part of this process and no fees will be charged for the discharge of conditions on these types of applications.
Appeal against the imposition of a condition
If you are unhappy or disagree with the Council's decision to impose a particular condition or conditions you may appeal to the Secretary of State via the Planning Inspectorate. It is advisable to discuss your concerns with the Planning Development Section prior to taking this action, as the Inspectorate have the ability to review the whole application afresh.
