Planning Conditions
Removing or varying a planning condition
If you have already achieved planning permission, but an unwanted condition has been imposed, we can help you to remove or vary this condition through what is known as a Section 73 application. As council planners turned consultants, we know when a condition is unjustified and can use our insider knowledge to argue your case.
We can also use Section 73 applications to make a change to your planning permission by amending the approved plans.
Discharging a planning condition
Sometimes a condition will be imposed on your planning permission that requires you to submit further information to the council before you can start work or a specific phase of work.
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As council planners turned consultants, we can help you discharge any such conditions and get your development moving as quicky as possible.
Simply fill in this form to get zero-commitment advice from a planning expert.
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If appropriate, we will also provide you with a quote to assist you.
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If you need to send attachments, we can also be reached at info@faradayplanning.co.uk.
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Frequently asked questions
What are planning conditions?
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When planning permission is granted, it is almost always subject to ‘conditions’. Conditions effectively govern how the planning permission must be implemented, aiming to ensure compliance with local planning policies.
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Planning conditions can cover a wide range of aspects, such as the materials used in construction, landscaping details, environmental protections, and the timing of the development.
What is a pre-commencement condition?
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A pre-commencement condition is a type of planning condition that requires you to submit further information to the council for approval before the development can begin.
Why are planning conditions imposed?
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Planning conditions are imposed make a development acceptable that might otherwise have been refused. They ensure that developments proceed in a way that's in line with local and national planning policies, addressing issues related to traffic, noise, privacy, and visual concerns among others.
How can I find out what conditions are attached to my planning permission?
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The details of any conditions attached to your planning permission will be outlined in the decision notice sent to you by the council. This document explains each condition, the reasons for them, and any requirements for compliance.
Can planning conditions be challenged?
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Yes. You can apply to have a planning condition modified or removed by submitting an application to the council. You must provide a justification for the removal or modification of the condition based on the relevant planning policies, legislation, and case law where necessary. You might challenge a condition if you believe it's unreasonable, not relevant to the development, impossible to comply with, or if it doesn't serve a clear planning purpose. For assistance in preparing and submitting your application, make use of your free consultation.
Do I need a planning consultant to challenge a condition?
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​Anybody can apply to remove or modify a condition if they have the right to do so. Planning policies, legislation, and case law are complex however, and so it is advisable to instruct a planning consultant to prepare, submit, and manage the application on your behalf. This ensures that you are properly represented and that your arguments are justified appropriately. For assistance, make use of your free consultation.
What happens if my application to challenge a planning condition is refused?
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If your application to remove or modify a planning condition is refused, you have the right to submit an appeal to the Planning Inspectorate. The Planning Inspectorate is a central government agency that is entirely independent from your local council.
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The appeal process typically involves submitting written arguments in support of your case, a site visit by an independent and impartial inspector, and then a decision. As appeal specialists, we can justify your case with reference to the relevant planning policies, legislation, and case law.
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You must submit your appeal within 6 months of the council’s decision.
What happens if I don’t comply with a planning condition?
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Once the council becomes aware that a planning condition may have been breached, which usually happens following a complaint from a member of the public, an enforcement officer will usually investigate by visiting the site of the alleged breach. If the officer identifies that a breach has occurred, they will assess the severity and impact of the breach to decide on the appropriate action. This could range from taking no action whatsoever, to informal negotiations to rectify the issue, to the issuance of breach of condition notice requiring you to reverse whatever actions caused the breach.
What does discharging a planning condition mean?
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Some planning conditions require the submission of additional information to the council before the development (or a specific phase of the development) can begin. For these conditions, you must submit the required details to the council, showing compliance with the condition. Once the details are approved by the council, the condition is considered discharged.
Can a planning condition remove my permitted development rights?
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Yes. Planning conditions are frequently used to remove people’s permitted development rights. However, these conditions are not always justified by planning policy and are often imposed by planning officers without much scrutiny. If there is a condition attached to your planning permission which removes permitted development rights, get in touch for a professional opinion on whether this could be challenged.
