Procedure for the Discharge of Conditions on Full Planning Permissions
Advice Note
Procedure on Discharge of Conditions
In many instances the Local Planning Authority attaches conditions to full planning permissions, which require the submission of further details for approval. This advice note is concerned with how such matters should be dealt with.
Scope
To ensure details that are submitted to comply with conditions attached to full planning permissions are dealt with on a common basis the Council has adopted the following procedures.
Responsibility
When details have been submitted to comply with conditions on an application, the Case Officer for the original application will deal them with in consultation with the Principal Development Control Officer.
Consultations Required
The following table details the categories, which are commonly subject to such conditions requiring further approval and the level of consultation which, should be undertaken.
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Type of Consultation Required |
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Details Requiring Approval |
Neighbour Consultations |
Expert Consultee |
Wider Selected Consultees |
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Archaeological Brief |
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/ |
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Finished Levels |
if necessary |
/ |
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Highway |
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- Junction/road details in established built up area |
if necessary |
/ |
/ |
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- on new estate with unoccupied dwellings/buildings |
if necessary |
/ |
/ |
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Landscaping |
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|
|
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- Major impacting on established built up area |
if necessary |
/ |
/ |
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- On new estate with unoccupied dwellings/buildings |
if necessary |
/ |
/ |
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- Individual dwellings/buildings |
if necessary |
/ |
in some circumstances |
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Management of Wildlife Areas |
|
/ |
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Material |
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/ |
in some circumstances |
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Sewers/drainage |
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/ |
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Expert Consultee
Where only an expert consultee is involved or the decision is up to the case officer, for example, with respect to materials, the matter shall be dealt with via memorandum. The decision shall be issued in the form of a standard letter.
Neighbour or Wider Consultation Required
In those instances where neighbour and wider consultations are required on any details in discharge, which have been submitted, the submission shall be dealt with in the same way as an application. The details submitted shall be given a prefix of A, B, C, etc. after the application reference and put in a separate file, which shall be kept with the parent file. The decision shall be issued in the form of a decision notice and conditions may be placed upon the details approved with respect to their implementation.
Right of Appeal
Whilst there is no right of appeal if the Council refuses to discharge a condition because of lack of information for example, the applicant does have the right to appeal against the original planning permission on which the condition was imposed. However the appeal must be submitted to and be accepted by The Planning Inspectorate within 6 Months of the original decision date.
Alternatively the applicant can make a further planning application to the Council to have a condition varied or removed from the original consent. If this further application is subsequently refused by the Council, they again have the right, within 6 Months, to appeal that decision.
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