Discharge of conditions
The government introduced fees for the discharge of planning conditions in 2008. Full details can be seen in the Statutory Instrument 958 issued on 2 April 2008. Circular 04/2008.also provides further explanation and advice.
Wiltshire Council has not previously charged for this service. However, in accordance with government legislation a fee is now payable where a written request is made for the discharge of one or more conditions on the same permission. The fee is payable per request and not per condition.
The fee is £28 per request for householder development and £97 per request for all other types of development. The fee must be paid when the request is made, and cannot be received retrospectively, but it does not matter when the permission was granted as long as it remains extant. The request, identifying the permission and the conditions concerned, should be submitted using the 1 APP forms which you can download from the form and guidance section of our website or the Planning Portal.
The government requires authorities to deal with all requests within 8 weeks and fees are refundable if no response is sent within 12 weeks from the date of receipt. So, you should apply well in advance of when you intend to start work. If we consider that insufficient or unsatisfactory details have been submitted, we will explain what you need to do to comply with the condition.
Requests to discharge planning conditions or to confirm they have been complied with, that are received without the appropriate fee will not be considered until the appropriate fee has been paid. If you undertake the development without seeking formal discharge of the conditions of your planning permission, the development may be considered to be unauthorised. This could render it liable to enforcement action and affect any future sale.
Please note this charge relates to conditions on a planning permission. There remains no charge for the discharge of conditions on a listed building or conservation area consent.
You may also find that you need to make small changes to your approved plans (for example moving a window) in which case you will need to apply for this. Any request for approval of a non material amendment will need to be made on an non material amendment application form. The changes you wish to make may be too significant to make as a minor amendment. If so you may have to apply to make a material amendment and will need to complete the form to vary a planning condition You will need to check with a planning officer if the changes you wish to make are material or not.
However, before applying you are advised to check with the planning office if this is the right procedure for you. If the amendment is considered 'material', for example it would relocate the access or have a different effect on the neighbours, you may be required to make a fresh full planning application. The government have produced a leaflet "greater flexibilty for planning permission guidance" which you may find helpful.
Renewal of unimplimented planning permission
You may have the benefit of a planning permission . However, you know that you will be unable to commence work before the date it expires. In certain circumstances there is now a provision for extending the time limit on such applications . The DCLG offers the following advice:
Extensions of the time limits for implementing existing planning permissions
What planning permissions are covered by this power?
Planning permissions which are extant both on 1 October and at the date of application, and have not yet commenced.
Does it cover listed building/conservation area consents?
Yes, where they are extant both on 1 October and at the date of application, and are associated with an eligible planning permission which is also being extended.
How does this apply to outline permissions?
Outline permissions can also be extended under this power, provided they are extant both on 1 October and at the date of application, and have not yet commenced. An outline permission is extant if either:
- the time limit for submission of reserved matters has not yet expired; or
- reserved matters applications were all submitted in accordance with the time limit for submission of reserved matters, and the time limit for commencement has not yet expired.
If you do not agree with the decision the council have made on your application you can appeal to the planning inspectorate, more information on appeals can be found on our appeal pages.
Last updated: 16 September 2014