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Discharging planning conditions

 
   

If you have a planning permission it is likely to have planning conditions on it. 

PLEASE READ YOUR PLANNING PERMISSION CAREFULLY TO SEE WHETHER YOU HAVE ANY CONDITIONS WHICH YOU MUST DISCHARGE BEFORE YOU START YOUR DEVELOPMENT.

Some of those conditions are informative (or restrictive) only but others will require you to submit further details to the Council. The wording of the condition may be that these details need to be approved in writing prior to commencement of development or prior to occupation of the development. In either case it is in your interest to discharge conditions quickly.

There is a fee for discharging planning conditions per request, which means you can submit multiple condition details as part of one request to save costs. Currently it is £28 per request for householder applications and £97 for all others.

We will check the information received to make sure we have enough information to consider your request, if not we will return your request with advice as to what extra information is required, and only consider those conditions for which we have sufficient information. 

We will seek to give a response on all discharge of condition requests within 8 weeks and no later than 12 weeks. This usually consists of a letter setting out which conditions have been considered and the reasons for discharging them or in some cases reasons why the details are unacceptable and the condition is not discharged.

If you commence work without discharging conditions you are at risk of enforcement and invalidating your permission if the planning condition is a pre commencement condition.

In August 2010 the Council wrote to all Approved Building Surveyors to pre warn them of the risks of commencing work without first discharging pre commencement conditions.

Attached to your planning permission is a start notice form.  We strongly recommend that you or complete the form and email it to the compliance officer at the address below planhighenf@gateshead.gov.uk  |

An electronic version of the form is available here  Start Notice|

We would rather not impose planning conditions where possible and that is why it is important at pre application stage to discuss such issues in advance so that information is provided at the formal application stage that limits the need to attach planning conditions seeking further information. This reduces the time and costs for you and the Council.

Below is a PDF which gives details of some of the usual types of planning conditions that are used and a link to the form to be used to discharge planning conditions

 

A Guide to Discharging Planning Conditions| (43k)
   Application for approval of details reserved by condition| (400k)
Application for approval of details reserved by condition Guidance notes for completion| (19k)

 

 

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