Discharging conditions

[DragsterDriver]

Good morning! Dunno if anybody can advise-

 

i need to discharge my conditions before I begin building apparently. I have full planning and have submitted an NMA for some windows etc but i *believe* I can discharge the conditions from the parent permission.

 

is this something a planning consultant would do? The architect/designer can’t/won’t incase further conditions are attached to the NMA. On the slim chance they are I can’t see them affecting the drainage I want to get in  

 

 

thanks!

[Jilly]

Do you have actual 'Pre-commencement'  conditions? These are the only ones which matter to you at the moment, as far as I can tell. The council forgot to record mine.

 

I am just trying to discharge some of mine (I love ticking items off a list!) but have just had a discussion with a new case officer (my third so far, they have a recruitment crisis) and we both waded through the nonsensical convoluted wording and she admitted that the council make things difficult for themselves with their language, and that some was incorrect. The tricky bit is that several of my conditions indicate that I need written approval from the council, but they don't discharge the condition until it is installed to their approval...I had to point out, they won't look at info unless it is submitted as a 'discharge of condition', and I can't risk installation which they aren't happy with. She then told me she could do a 'partial discharge' of condition (I didn't realise this was a thing) so this looks like being the solution. Also some conditions don't need formal discharge, and it's not just the obvious ones, like work hours, they keep it a secret, just to fox you...

 

Look very carefully at the wording, make friends with your case officer, and point out inconsistencies by asking for advice on how to comply if you need to, but very tactfully, if it's the same officer that actually set the conditions. 

 

Sorry, to answer your question, it depends if you feel competent to do what they want fully. If they want specialists, eg for ecology or archeology you need specialists. It takes 8 weeks before they give you an answer, and I think councils vary in the amount of detail they want, so you could look through other applications of the council website. 

Maybe post your conditions so people can comment?

Edited August 13, 2021 by Jilly

[DragsterDriver]

16 minutes ago, Jilly said:

Do you have actual 'Pre-commencement'  conditions? These are the only ones which matter to you at the moment, as far as I can tell. The council forgot to record mine.

 

I am just trying to discharge some of mine (I love ticking items off a list!) but have just had a discussion with a new case officer (my third so far, they have a recruitment crisis) and we both waded through the nonsensical convoluted wording and she admitted that the council make things difficult for themselves with their language, and that some was incorrect. The tricky bit is that several of my conditions indicate that I need written approval from the council, but they don't discharge the condition until it is installed to their approval...I had to point out, they won't look at info unless it is submitted as a 'discharge of condition', and I can't risk installation which they aren't happy with. She then told me she could do a 'partial discharge' of condition (I didn't realise this was a thing) so this looks like being the solution. Also some conditions don't need formal discharge, and it's not just the obvious ones, like work hours, they keep it a secret, just to fox you...

 

Look very carefully at the wording, make friends with your case officer, and point out inconsistencies by asking for advice on how to comply if you need to, but very tactfully, if it's the same officer that actually set the conditions. 

Thanks for the reply, I’ll have a good read at lunchtime!

[ProDave]

It is any pre comencement conditions you need to satisfy.

 

Once I had dealt with each I requested confirmation that they were discharged, BC sent me an email followed by a letter stating all pre comencement conditions were satisfied and I may start work.

[Temp]

Planning conditions typically say something like..  "Before occupation..." or "Before work starts on site..."

 

So you only need to discharge the ones that say "Before work starts.." at this stage, however if you are able to discharge the others as well then do as many as you can at the same time because the fee is per application not per condition.

 

In my case I sent them lots of documents and several brick samples as they lost some. Eventually after several email exchanges and revisions to drawings they wrote back saying they were happy so I applied to have to conditions discharged and sent the fee. These days they may want the fee up front with the request to discharge all on one package.

 

Just a reminder: If the CIL is a thing in your area remember to get the exemption paperwork done and confirmed by the council before starting work. Some people have been caught out.. They asked the council if they were exempt and the council said "yes the project will be exempt"....but that's not the same thing as actually applying for the exemption on the proper forms and getting the reply back, you still have to do that.