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Understanding planning conditions

What planning conditions are, why they are attached to permissions, the different types, and your rights if you consider a condition unreasonable. Essential reading before starting development.

Guide summary

Check your planning permission for conditions you must meet before starting work. Discharge pre-commencement conditions before any work begins, or you risk a criminal offence. Pay the discharge fee (£86 for householder, £298 for other) and wait up to 8 weeks for a decision. If you think a condition is unreasonable, you can apply to change it under Section 73.

  • Identify all conditions and their type on your decision notice
  • Discharge pre-commencement conditions before any work starts on site
  • Pay £86 (householder) or £298 (other) per application for discharge
  • Submit one application to discharge several conditions for one fee
  • Wait up to 8 weeks for a decision (16 weeks for EIA development)
  • Get a refund if the council does not decide within 12 weeks
  • Keep copies of discharge approvals to prove compliance later
  • Breach of pre-commencement conditions is a criminal offence
  • Apply under Section 73 to vary or remove unreasonable conditions
  • Compliance conditions do not need formal discharge but must be followed
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Planning conditions are requirements attached to a planning permission that must be met before, during, or after development. They are used to make a development acceptable that would otherwise be refused.

Understanding your conditions is essential - breaching pre-commencement conditions is a criminal offence and can invalidate your entire permission.

Types of planning conditions

Common conditions explained

Pre-commencement conditions

These must be formally discharged before any work begins on site, including demolition, site clearance, or groundworks. Common examples:

  • Construction management plan - how you will manage construction traffic, noise, dust, and working hours
  • Archaeological investigation - a programme of archaeological works before ground disturbance
  • Contamination investigation - detailed site investigation and remediation strategy
  • Drainage strategy - detailed sustainable drainage design
  • Ecological mitigation - protected species mitigation before habitat disturbance

Before above slab level

These must be discharged before construction rises above ground floor level:

  • External materials - samples or details of bricks, roof tiles, windows, and other external materials
  • Detailed landscaping - full planting schedule, hard landscaping details, boundary treatments

Before occupation

These must be discharged before anyone uses or occupies the development:

  • Highway works - access road, visibility splays, and footpath connections completed
  • Parking - car parking and cycle storage provided as approved
  • Open space - communal areas and play facilities completed

Compliance conditions

These do not require formal discharge but must be complied with throughout:

  • Approved plans - development must match the approved drawings
  • Working hours - typically 8am-6pm Monday to Friday, 8am-1pm Saturday, no work on Sundays or bank holidays
  • Noise limits - maximum noise levels at site boundaries

Discharging your conditions

Challenging unreasonable conditions

Planning conditions must meet six tests set out in national policy. A condition must be:

  1. Necessary
  2. Relevant to planning
  3. Relevant to the development permitted
  4. Enforceable
  5. Precise
  6. Reasonable in all other respects

Your options if a condition is unreasonable

  • Discuss with the case officer - explain why the condition is problematic and suggest alternatives
  • Apply under Section 73 - apply to vary or remove the condition. This creates a new permission with amended conditions
  • Appeal - you can appeal against any condition imposed, though this puts the entire permission at risk

Do not start work without discharging pre-commencement conditions. Starting development without discharging these conditions is a breach of planning control. The LPA can take enforcement action, and in serious cases it is a criminal offence.