Your guide to planning

Planning conditions are applied to almost every planning permission. 

Planning conditions limit and control the way in which the planning permission is carried out. These are included to make sure the development is acceptable and started within a set time. 

Conditions may run for ever, they may require certain things to happen during construction or before first use. The decision notice identifies which conditions require further details to be submitted and when these have to be complied with.

When more information is required it is important to meet this requirement. This process is known as "discharging" conditions. 

Planning conditions show up in any solicitor searches, and can affect property sales if they are not discharged properly.

How to discharge a planning condition

To discharge your conditions, you will need to make an application to us. You can discharge one condition at a time or all the conditions at once.  

A fee is payable for each submission.

Once we have the fee, form and information needed, we have 8 weeks to decide. However, this can increase to 16 weeks if we have to ask others for their technical views. If the information is not agreed you will need to resubmit with a new application and fee.

You can ask us if a condition has been discharged.

Changing the planning conditions

There is no right of appeal against conditions for neighbours or other third parties. 

If applicants do not agree with the conditions set by the council, they can apply to get the condition changed or removed by: 

• making an application to us
• appealing to the Planning Inspectorate

Informatives and enforcement

As well as conditions that have to be complied with, there may be informatives. These are guidance for applicants to other consents needed, people that they will need to talk to, or other matters of use.

If you think that a development is not being built as it should be, check if any of the conditions on the permission have been breached. You can do this by searching our planning database and reporting any suspected breach to our enforcement team..

You can make certain types of minor changes to your house without needing to apply for planning permission. This is known as permitted development. You can find details of permitted development rights on the Planning Portal - Common Projects website.

If you believe a breach of planning has occurred, report it to our Planning Enforcement Team by using the online form on the report an alleged breach of planning webpage. You will be asked to create a My Account before you can complete the form.

The webpage also provides information on how we respond to breaches of planning control, and provides details of works we can and cannot investigate.

Copies of decision notices, vendor consents, appeal decisions, section 52/106 agreements or tree preservation orders (TPO’S), can be requested on the copies and charges webpage.

Sometimes changes need to be made after a scheme has been granted.

You should apply as early as possible for any changes, and not after they have been made (in case they are not acceptable).

There are different processes based on the type and scale of the change:

• Non-material amendments updating the existing planning permission
• Minor material amendments
• Variation or removal of conditions

Requests for changes are shown on our planning applications webpage. 

Non-material amendments (application under section 96A of the Town and Country Planning Act 1990)

Whether or not a proposed change is non-material will depend on the case. If you care unsure you should apply for a minor material amendment (see below) or submit a planning application.

The purpose of a non-material amendment application is to determine whether or not the proposed changes would require a further application for planning permission.

The non-material amendment process allows for very small changes to be made on a decided planning application. It is not possible to use the non-material amendment process to make changes to a Listed Building Consent.

A non-material amendment should be so minor that it would not raise any interest from other parties. Nor should it impact the comments that they made on the original planning permission. It should be "non-material" to the overall development approved. It should also not conflict or change any condition imposed on the original permission.

Only changes that would be trivial in terms of scale, magnitude, or degree in relation to the original planning permission, can be approved as a non-material amendment.

As part of our review process, we will consider: 

• if the change will have a negative impact on living conditions
• if the change would have a negative impact on the appearance of the development and the character of the area
• if any third party would be disadvantaged
• if the change would require us to re-consult
• if the change would be contrary to a previous statutory consultee response
• if change would result in the development falling outside the description of the development on the approval notice
• if the change would conflict with the objectives of any condition attached to the original permission
• if the change needs more conditions to make it acceptable
• if the change conflicts with planning policy
• if the change would require an extension to site boundary (the redline shown on the location and site plan)
• if the change would introduce new works which in themselves constitute ‘development’ requiring planning permission

If the answer to any of these is ‘yes’, then the matter will not normally qualify as a non-material amendment. However, each non-material amendment will be considered on its own merit.

Applications for non-material amendments can be made online via the Planning Portal.

We will aim to determine these within 28 days unless we agree a longer period with you. We do not carry out consultations on this type of application.

If the application is refused, you will need to apply for planning permission if you wish to continue with  the proposed change

Minor material amendments (under Section 73 of the Town and Country Planning Act 1990)

There is no statutory definition of a ‘minor material amendment’ as it will depend on the context of each planning permission. However, it is likely to involve any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved. 

Amendments should not have a greater impact on neighbours, as this may have affected what they said when consulted originally. 

You can find more information on the flexible options for planning permissions in the "A Flexible Approach to Planning Permissions" document.

There are no set rules however, we will in most cases accept the following as minor amendments to previously approved plans:

• Reductions in the volume / size of the building/extension
• Reductions in the height of the building/extension
• Amendments to windows / doors/openings that will not have any greater impact on neighbours
• Subtle changes in materials, or detailed matters of design on individual features
• Small movements or "tweaks" to landscaping, surfacing or parking space positions

When a new planning application would be required

A new planning application would need to be submitted where the development would go beyond the scope of the original planning permission, for example:

• Significant increase in the volume of the building/extension
• Significant increase in the height of the building/extension
• Increases in number of units, dwellings on a site 
• A change to the external look of a development which would look significantly different to approved plans 

This would include changes from a traditional pitched roof to a box/flat roof type dormer window.

• Would there be any change to the external materials which would adversely affect the character or appearance of the development. Or would there be any changes that erode the quality of what was originally approved?
• Would the amendments reverse design improvements secured in the original application?
• Would there be a greater impact on existing trees, other vegetation/landscape features,  or would it reduce the quality of a proposed landscaping scheme?
• Would there be any alteration to the application site (red line) boundary?
• Would the change lead to a significant increase in traffic or parking
• Would there be significant increases in site coverage or site levels?
• Would the proposal result in additional or repositioned windows/doors that will have possible negative impacts on neighbours
• Changes that would alter the description of development from the original application
• Amendments that could change the opinions of neighbours, other Council departments or external statutory bodies that we consulted

Variation or removal of a condition 

If applicants do not agree with the conditions we have imposed, they can apply to get the condition changed or removed. This applies to any condition, except for the time limit for commencement of the development or submission of reserved matters (in outline permissions).  

To change or remove the condition you can:

• make an application to us. Please note: This process does not include discharging conditions/part of a condition. You can apply to change or remove a condition on a planning permission (under Section 73) or Listed Building Consent (under s19 of the Planning (Listed Buildings and Conservation Areas) Act 1990).

or

• appeal the imposition of the condition(s)

How to apply for a change to a planning permission (Section 73) or Listed Building Consent (Section 19)

Applications for changes can be made online. Further advice is on the Planning Portal. 

When sending us an application to change an approved scheme, it is important that you make this clear within the description.

For example:

• Example 1 – variation of conditions. "Variation of condition 3 of planning permission 20/0001 (erection of retail unit) to allow the retail unit to open until 11.00pm from Monday to Friday, instead of 10.00pm".
• Example 2 – minor material amendment. “Minor material amendment of planning permission 20/0001 (erection of retail unit) to provide three additional parking spaces to the rear of the three retail units (northern boundary)”.
• Example 3 – revised new application. “Revised scheme for the erection of retail unit to provide three additional parking spaces to the rear of the three retail units (northern boundary). Making a total of eight parking spaces (previously approved application 20/0001)”.

Plans accompanying applications should clearly show the differences between the approved scheme and the proposed amendment(s).

We have the discretion to decide who should be consulted when an application is received. We will take a proportionate approach to consultation and, in deciding who to consult. We will consider who had a particular interest in, or raised concern about, the original application.

Where the original application was subject to environmental impact assessment, we will normally do a full re-consultation.

When considering the application, we will focus our attention on any new changes submitted. We will also consider any planning considerations that have changed since the original approval.

We will aim to make a decision within eight weeks (13 weeks for major applications or 16 weeks where an environmental impact assessment is needed). This is unless we agree a longer period with you. 

Where an application under is granted, a new approval will be issued. The expiry date of the new approval will be the same as the original. 

Relevant conditions from the original approval will be added along with any new conditions needed. 

Both approvals (original and new) will still exist and either of these could be implemented (subject to any condition discharge) but, in most cases, not both.

If your application is refused you can appeal.

Building Regulations

You will also need building regulations in most cases where planning permission has been granted. Generally, this is needed unless there is no physical building or alteration involved.

Planning permissions do not cover the same issues as building regulations. The granting of a planning permission does not affect the need for building regulations approval, and vice versa. Therefore, talking to our building control team can already help applicants start to consider matters such as sewer, water and electricity connections. Also, fire safety, access, insulation and structural support options.

Highways Consent and Highway Adoption

If the approved development affects the public highway, applicants will also need consent from the Highway Authority. Consent is needed for storing materials and skips on the highways or putting in a new dropped kerb.

You can check which roads are maintained by the Council or new roads which are under consideration for adoption.

If construction vehicles are damaging a grass highway verge, report a road, footpath or pavement in poor condition.

Other Consents

Other consents needed may include:

• changing or creating a new address so that everyone can find the development quickly
• from the neighbours under the Party Wall Act
• consent from the land owner, landlord, freeholder or Council as landowner
• licences from the Council, such as for alcohol and entertainment, animal businesses, shisha lounges, gambling or houses in multiple occupation

You are responsible for the legal and safe disposal of any waste associated with your project. If you intend to use the services of another, you should ensure that only reputable and licenced waste management operatives are used. In the event of your waste being fly tipped or otherwise disposed of illegally or irresponsibly, you could be held liable and face prosecution.