Discharge of conditions FAQs

How do I discharge conditions?

You can apply for discharge of conditions via our online form.

Alternatively, you can apply for discharge of conditions via Planning Portal.

You will need to:

• list each condition you are requesting approval for
• attach the details designed to address each condition
• pay the relevant fee

If a condition was recommended by a technical consultee - such as the Highway Authority - we will formally request their comments before we make a decision.

We are not able to discharge a condition if the third party has not confirmed in writing that the condition has been met.

Therefore, if you have any questions about what you need to provide, we encourage you to contact the technical consultee before you submit your application.

What are the different types of conditions?

•  
• Pre-commencement (must be discharged before the development takes place)
• Prior to occupation (must be discharged before first use of the site for its intended purpose)
• Prior to specific element of works taking place (discharge before the element of work specified (for example, window installation))
• Prior to work proceeding above slab level (must be discharged before works begin above ground level at which slabs would be placed)
• Compliance in accordance with a specific timetable (the development must be carried out exactly as set out within a condition, but the condition does not need to be discharged)

What are the fees for discharging conditions?

Fees for discharging conditions are set nationally by the government.

The application fee will be £89 where the related permission was for extending or altering a dwelling house (householder applications).

For all other applications, the fee will be £309 (excluding listed building consent).

There is no fee for applying to discharge listed building consent conditions, but there may be associated planning permission costs.

You can use Planning Portal's online fee calculator to work out how much you will need to pay.

You must pay when you make your application, or it won't be registered.

Can I apply to discharge multiple conditions at once?

Yes - when you apply to discharge several conditions at once, you will only need to pay one fee.

If you make separate applications for each condition, you will have to pay for each application. We will issue a decision notice for each condition that you have applied to have discharged.

Our standard practice is to issue a decision notice for all conditions in the application at the same time.

If we are not satisfied that a condition is met, we will issue a decision notice stating this and give a reason for refusal. To discharge the condition after this, you will need to apply and pay again.

How long will a decision take?

We will issue our decision in writing, within eight weeks of the registration date.

In exceptional circumstances - where minor amendments have been requested by technical consultees and with your written agreement - the application can be extended. Revised information must be received by the end of week 8, or day 56.

The time period to issue a decision will not be extended beyond week 12 (from the week validated). You can withdraw the application, or it can be issued as a part approval or part refusal (or refused).

If we cannot confirm that the conditions are discharged within 12 weeks, you can request a refund or apply for deemed consent of discharge of conditions.

It is important that you plan ahead for your start date (or for when your current permission expires), as the process cannot be fast-tracked or prioritised.

Can I have a 'free go' for resubmission?

There is no opportunity for a 'free go' following a withdrawal, approval, or refusal of a discharge of condition application.

If your application has been refused, there is no 'free' go' for a resubmission, or to make significant changes to details already approved.

You will need to submit new proposals, and pay a further fee.

Please regularly check your application online.

We upload comments from technical consultees within 48 hours of receiving them. If minor amendments are needed to make your submission acceptable, please email the details to docapplications@baberghmidsuffolk.gov.uk.

Unfortunately, we are not able to contact you about individual case updates.

Where can I send amended information for my live application?

You can email planningvalidation@baberghmidsuffolk.gov.uk.

Alternatively, please send it via post to:

c/o Planning

Babergh and Mid Suffolk District Councils

Endeavour House

8 Russell Road

Ipswich

IP1 2BX

Please also provide:

• your live discharge of conditions application reference number
• the address of the development
• the condition number(s)

What happens if I don't discharge conditions?

If you do not discharge conditions in accordance with the details and timescales quotes on the decision notice, your building project may be unlawful - and we may consider taking enforcement action.

This might delay any future sale of the property or site.

Please note that it is an offence to fail to adhere to a condition on a listed building consent. Visit Historic England's website for more information.

If you are unhappy with imposed conditions

If you are not happy with an imposed condition(s), you can appeal the decision to the Planning Inspectorate.

You must appeal within six months of the date of the decision. If you would like to continue with your development, you must apply to discharge conditions within the stated deadlines.

Alternatively, you can apply to remove or vary conditions via an application under Section 73 of the Town and Country Planning Act 1990.

Please visit Planning Portal's website for more information.