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Discharge of Planning conditions

Introduction

This page provides information about the arrangements for the discharge of conditions on a planning approval. The advice on this page is provided as a series of questions and answers intended to deal with all the issues you may have about the procedure, including the fees payable. However, contact details are provided if you would like further information or advice.

Questions and Answers

How do I make a request to discharge a condition?

Requests to discharge conditions must be made in writing identifying the permission and conditions concerned. Alternatively, the application form entitled ''Application for Approval of Details Reserved by Condition'' which is available from the Related Links section towards the bottom of the page may be used. The appropriate fee must be provided with the request.

How do I make a request for confirmation of compliance with conditions?

Requests for confirmation of compliance with conditions should be made in writing to the address below. The appropriate fee must be provided with the request.

How much will it cost?

There is a standard charge of £28 for householder developments, and £97 for all other developments, per request.

What do the charges apply to?

The charges apply to all requests for approval of details to discharge conditions attached to planning permissions and requests for confirmation that conditions have been complied with, regardless of when permission was granted.

Are there any exceptions to the charges?

No charge is required for requests relating to Listed Building Consent. There is also no charge for applications resulting from a condition removing ''permitted development rights''.

If I have more than one condition to discharge, will I have to pay a fee for each condition?

No, a fee is charged for each ''request''. Therefore if you apply for discharge of all your conditions at once, you will only be charged one fee. However, if you send in details for each condition separately, these will be counted as separate ''requests'' and you will have to pay further fees.

What happens if I don't provide the fee?

The Council will write to you to advise you that a fee is required. The condition discharge request will not be processed until the correct fee is received. If it is not received, no response will be provided.

What happens if I don't discharge my conditions?

Commencement of development, prior to the discharge of relevant conditions will render the development unlawful and could lead to formal enforcement action by the Council.

Will I be charged again if you are considering my request to discharge conditions and I submit revisions or further information?

No, where exchange of information / correspondence is on-going a further fee will not be required.

Will I be charged again if I want to revise details already approved for discharge of conditions or where a condition discharge has been refused?

Yes, you would be charged again. There is no ''free go'' or discount.

Other Issues

Charging for handling written requests has been made statutory by the Government and is intended to achieve the following customer benefits:

  • Decisions will be made within 8 weeks; if confirmation cannot be given within 12 weeks, the fee will be refunded.
  • A written answer which can be used to satisfy a house purchaser's solicitors.
  • Enable us to dedicate more officer time to each request.
  • Enable us to keep a record of approved details so that if we receive any queries from your neighbours when you start work, we can advise them what is happening and help to avoid neighbour disputes.

How can I find out more?

Full details can be seen of the Statutory Instrument 958 issued by the Government on 2nd April 2008 can be viewed on the Office of Public Sector Information (OPSI) website which is available in the Related Links section towards the bottom of the page.

Send completed forms/write to:

Rochford District Council, Planning Department, Council Offices, South Street, Rochford, Essex SS4 1BW

Contact Information:

Planning Officers are available by phone from 8am to 1pm Monday, Tuesday, Thursday and Friday and 1pm to 530pm on Wednesday or you can visit the offices during these times and ask to speak to a Duty Officer.

Call the appropriate number:

Planning: 01702 318 191

Fax: 01702 318 181

Email: planning.applications@rochford.gov.uk

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