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.

UK-wide
Guide summary

Check your planning permission conditions before starting work. Some must be discharged (approved) before you begin, or you risk enforcement action. Apply to discharge conditions via your local planning authority, paying £86 (householder) or £298 (other) per application.

  • Pre-commencement conditions: Discharge before any work starts
  • Prior to slab level: Discharge before construction rises above ground floor
  • Prior to occupation: Discharge before using or occupying the building
  • Compliance conditions: Ongoing rules (no formal discharge needed)
  • Discharge fee: £86 (householder) or £298 (other) per application
  • Decision period: 8 weeks (16 weeks for EIA developments)
  • Deemed discharge: If no response within 12 weeks, conditions lapse
  • Unreasonable conditions: Apply to vary under Section 73
  • Breach penalties: Starting without discharge is a criminal offence
  • Keep evidence: Store discharge approvals indefinitely
On this page
UK-wide

Related guides in Premises & Operations

Apply for planning permission

Step-by-step guide to submitting a planning application in England. Covers application types, required documents, fees, the determination process, …

Discharge planning conditions

How to discharge planning conditions attached to your permission. Covers pre-commencement conditions, the application process, fees, and what …

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

Prior to 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

Prior to 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.