Discharging planning conditions
Discharging planning conditions

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Discharging planning conditions
  • Conditions requiring further approval of details
  • Scope of details being approved under planning conditions
  • Procedure for discharging planning conditions
  • Application
  • Fees
  • Determination period and process
  • Duty to give reasons when discharging conditions
  • Appeal against non-determination
  • Discharge of condition open to legal challenge
  • More...

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak—see: Conditions regulating construction hours in England during the coronavirus epidemic. For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

Conditions requiring further approval of details

Planning conditions may be imposed on the grant of planning permission. This can include conditions requiring the approval of further matters.

In England, Planning Practice Guidance on the use of planning conditions (the PPG) stresses that local planning authorities (LPAs) should limit the use of conditions requiring the approval of further matters after full (as opposed to outline) planning permission has been granted, other than where it will clearly assist with the efficient and effective delivery of development. The PPG advises that where it is justified, LPAs should impose conditions requiring submission and approval of further details only in respect of aspects of the development that are not fully described in the application. See Practice Note: Planning conditions—key points for further information on conditions generally.

Nevertheless, it is common for full planning permissions to impose conditions requiring further approval of details. To a certain extent this is viewed as favourable by developers, as it enables developers to leave some aspects of a development to be finalised after the principle of

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