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 £25 for householder developments,
and £85 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