Conditions
Conditions control how a development is built and used, for example materials, landscaping, construction hours or obscure glazing. They must be necessary, relevant, enforceable, precise and reasonable.
Discharging conditions
Where a condition requires details to be approved, you apply to the council with the information. Pay particular attention to pre-commencement conditions. Starting work before they are discharged can mean the permission was never lawfully implemented, which can be serious if the permission then expires.
Changing a permission
- Non-material amendment (s96A): minor changes with no planning impact, such as moving a window slightly. No consultation in most cases.
- Minor material amendment (s73): a variation of the approved plans condition, for changes that are material but don’t alter the nature of the scheme. It creates a new permission alongside the original.
- Removing or varying a condition (s73): for example removing a restriction on use or opening hours.
- Section 73B: a new route created by the Levelling-up and Regeneration Act for variations that are not substantially different from the original.
- A new application: where the changes are too significant for the routes above.
Our advice
Plan the conditions strategy at application stage. Agreeing sensible wording and submitting details early keeps your build programme on track.
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Sources
This article is general information about planning in England at the date shown. It is not advice on any particular site, and the law and policy may have changed since. Please speak to us before relying on it.