Discharge planning conditions

Understanding your conditions

Planning conditions fall into different categories based on when they must be discharged:

The critical importance of pre-commencement conditions

Warning: If you start development without discharging pre-commencement conditions, you are committing a breach of planning control. This can:

• Invalidate your planning permission
• Trigger enforcement action
• Require you to apply for retrospective permission (which may be refused)
• Create title issues affecting sale of the completed development

Before breaking ground, confirm that all pre-commencement conditions have been formally discharged in writing by the LPA.

The discharge application process

Step 1: Identify what's required

Read each condition carefully. It will specify:

• What information or approval is needed
• When it must be submitted (before commencement, before occupation, etc.)
• Any standards or specifications that must be met

Step 2: Prepare your submission

Gather the information required to discharge each condition. Common requirements include:

• Materials: Samples or specifications for external materials
• Landscaping: Detailed planting plans, species lists, aftercare programme
• Drainage: Technical drainage strategy, SuDS details, maintenance arrangements
• Highways: Construction traffic management plan, access details
• Ecology: Mitigation strategy, lighting design, habitat creation details
• Contamination: Site investigation reports, remediation strategy
• Archaeology: Written scheme of investigation, watching brief arrangements

Step 3: Submit your application

Condition discharge applications are submitted through the Planning Portal or direct to your LPA. You'll need:

• Completed application form
• Planning permission reference number
• Details of which conditions you're seeking to discharge
• All supporting information for each condition
• The application fee

Step 4: Await determination

The LPA has 8 weeks to determine condition discharge applications (or 13 weeks if Environmental Impact Assessment was involved). They will either:

• Approve: The condition(s) are discharged
• Request amendments: More information or changes needed
• Refuse: Your submission doesn't satisfy the condition

Deemed discharge: For many types of condition, if the LPA fails to determine your application in time you can serve a deemed discharge notice under the Development Management Procedure Order 2015, after which the condition is treated as discharged. Some categories of condition are excluded (for example those linked to EIA development or certain statutory consultees) - check the exclusions before relying on this route.

Fees for condition discharge

Condition discharge applications attract a fee. As of 1 April 2025 the fees are:

• Householder applications: £86 per request (regardless of number of conditions)
• All other applications: £298 per request

Planning application fees are now index-linked: they rise each April in line with CPI (capped at 10% and rounded to the nearest pound). The 1 April 2026 uplift was 3.8%. Check the current fee on the Planning Portal fee calculator before you apply.

You can submit multiple conditions in a single request, paying one fee. It's usually more efficient to batch conditions that require similar information (e.g., all landscaping conditions together).

Timing your applications

Pre-commencement conditions

Submit condition discharge applications as soon as you have the required information. Allow at least 10-12 weeks before your intended start date to account for:

• 8-week determination period
• Potential requests for amendments
• Buffer for delays

Pre-occupation conditions

These have more flexibility but don't leave them too late. Submit early enough that any issues can be resolved before you need to sell or let units.

Ongoing conditions

Some conditions require ongoing compliance (maintenance, operating hours, etc.). Keep records demonstrating compliance in case of future enquiries.

What if you can't meet a condition?

Apply to vary the condition

Under Section 73 of the Town and Country Planning Act 1990, you can apply to vary or remove conditions. This creates a new planning permission with amended conditions. Fee: same as original application type.

Non-material amendment

For minor changes that don't materially affect the development, you can apply for a non-material amendment under Section 96A. This is quicker and cheaper but only suitable for genuinely minor variations.

Discuss with the planning officer

If you're struggling to comply with a condition, discuss with the case officer before submitting a discharge application. They may suggest acceptable alternative approaches that still satisfy the condition's purpose.

Step-by-step: Discharging your conditions