Obtaining a planning permission should not be viewed as the end of your involvement with Planning Services. Rather it is a further step in the development process.
Planning conditions may be applied to the grant of planning permission. They limit and control the way in which the planning permission may be implemented. Planning and associated permissions and consents are often granted with conditions attached. These are generally included to ensure the development is an acceptable one. They range from ensuring new brickwork matches the existing building to controlling the opening hours of a restaurant to protect neighbours amenities.
In addition to imposing conditions on the Decision Notice that must be complied with, informatives may be attached. Unlike conditions they are not statutory parts of the decision notice but the applicant is recommended to study them closely as they may assist in ensuring the development is properly carried out. Informatives may be used to guide the applicant to other approvals that might be necessary or to confirm the drawing numbers on which the decision notice is based.
A full list of conditions used in each approval is in the issued decision notice.
What do you need to do now?
Check your planning Decision Notice carefully to ensure that there are no errors. If there are or if you are unsure of any information on the Notice contact Planning Services (see details on the left), quoting the reference number.
Identify which conditions require you to submit further details or information, and when these have to be complied with. Some conditions must be complied with before a development is started, some regulate how the work is undertaken, others require actions before a building is occupied or a use commences whilst certain conditions will seek to regulate how the completed development is to be used or control possible changes in the future.
The applicant has the right to appeal against the imposition of a condition if it is considered to be unreasonable. You can lodge an appeal within 6 months of the date of decision. Contact Planning Services if you want to explore this further as any commencement during the appeal process may invalidate the consent.
Complying with conditions
All conditions attached to a planning permission or other consent must be complied with. Where appropriate there will always be a condition which limits the length of time that a permission or consent is valid and work must be started within that time otherwise the permission will lapse.
Discharging Conditions / Applications for condition compliance
When applying for a condition to be discharged comprehensive information directly relating the specific requirements of the condition should be submitted to Planning Services.
To understand what is required from conditions you should read the condition and reason carefully and in full. If you are unsure of the requirements of the condition contact Planning Services.
Information submitted should clearly identify the condition number and application reference number to which it relates. Allow adequate time to submit requests to discharge conditions, as the Council may need to seek specialist advice from other departments such as Highways or Environmental Health.
Where details submitted are inadequate, the Council will reject applications for condition compliance. A condition is only discharged when written approval is given by Planning Services.
All such requests must be made in writing and must be accompanied by the relevant fee. A standard application form is available for your convenience and can be obtained from the website: Application form for approval of details reserved by condition (external link to pdf). We would appreciate the forms being used as they will provide all the relevant information required to help process your application more quickly. Please provide details of the planning reference number, the numbers of all the conditions that you wish to discharge and the agent/applicant contact details.
Where a request is made to a Local Planning Authority for written confirmation of compliance with a condition or conditions attached to a grant of planning permission a fee shall be paid to that authority as follows:
(a) where the request relates to a permission for development which falls within category 6 or 7(a) of Part 2 to Schedule 1of The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations (e.g. householder extensions and alterations), £28 for each request;
(b) where the request relates to a permission for development which falls within any other category of that Schedule, £97 for each request.
All fees are paid in advance - we will NOT invoice for a request due to the low fee.
You may be entitled to a refund of any fee paid under this regulation if the local planning authority fails to give the written confirmation requested within a period of twelve weeks from the date on which the authority received the request.
NOTE: For Planning applications subject to Planning Policy Statement 25 (PPS25) Development & Flood Risk a Flood Emergency Plan Guidance with Template can be found here.
Failure to comply with conditions
Failure to discharge conditions at the correct time can invalidate a planning permission. For example, starting work on site without complying with the conditions may render your permission invalid and may result in enforcement action by the Council.
Useful contacts after permission is granted
Building Control - Contact Building Control before starting any work/development, to make sure you get the necessary Building Regulations Approval.
Highways – Contact Highways for queries about dropped kerbs to access your property.
Water suppliers – Contact the local water supplier, e.g. Bristol Water or Wessex Water, for enquiries about water connections to new developments. It is a legal requirement to have separate supplies to new developments.