Fees for discharge of conditions
Introduction
This page provides information about new fees introduced from 1
September 2008 that will apply when you provide information to
discharge conditions on a planning approval. The information on
this page is provided as a series of questions and answers intended
to deal with all the issues you may have about the new fees.
However, contact details are provided if you would like further
information or advice.
Questions and Answers
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".
When will the charges apply from?
The
charges will apply to any request received after 1 September
2008.
How much will it cost?
There will be a
standard charge of £25 for householder developments, and £85 for
all other developments, per request.
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.
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 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.
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.
Why are you introducing charging?
Charging for handling written requests has been made statutory
by the Government and will achieve the following customer
benefits:
Decisions should be made within 8 weeks; if confirmation cannot
be given within 12 weeks, the fee will be refunded.
Written answer which can be used in Home Information Packs
(HIPs) or to satisfy 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.
Why £25 / £85?
The fees have been set
nationally by the Government.
How can I find out more?
Full details 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.
Contact Information
Planning Officers are available by phone from 8:30am to 17:30pm
Monday to Thursday and 17:00pm on Friday or you can visit the
offices between 8:30am to 17:30pm (17:00pm on Friday) and speak to
a Duty Officer.
Telephone: 01702 318 191
Fax: 01702 318 181
Email: planning.applications@rochford.gov.uk