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Discharging planning conditions


ryder72

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I need some advice with regards discharging planning conditions.

 

Our planning was granted subject to  4 conditions-

Materials approval

Datum point and various site levels

Hard and soft landscaping plan

Satisfactory implementation of bat roost mitigation from ecologist

 

We werent permitted to start building till the first 3 had been discharged which was covered in a single discharge application with a single fee. The final point cannot be discharged until the building is complete which is turn calls for an additional discharge fee to be paid.

 

Is there a way around this. This is just a ridiculous system.

 

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There is a way round it. Move to the Highlands.

 

I discharged all my planning conditions by email with the planning officer for no fee, and when completed got an email and letter to say all conditions were met.

 

It's a shame some (most?) councils charge a fee, just because they can.

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Conditions that require a discharge prior to build commencing could render the build illegal.


Conditions such as the bat roost mitigation one could be picked by a buyers solicitor at the time of property sale and would need to be discharged potentially delaying the sale. Probably not worth the hassle  but in principle its a scam.

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The way you have to pay twice to discharge conditions is damned annoying, especially as both times we had an email back from the planning officer within a very short time saying they had been discharged.  I fail to believe that it cost £90 of a planning officers time to do this work each time, at best it may have been half an hours work, which according to the full employment cost data I got from the council (via an FoI request) equates to about £14 for each submission.

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This is an interesting point. One of my planning conditions is that I have to comply with the ecology mitigation. However, the ecologist said there was no requirement for her to revisit. 

However I have a feeling I'm in the same boat as @PeterW in that the national park will want confirmation that we have complied and they'll likely only accept that from an ecologist thus yet another fee :( 

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18 hours ago, Barney12 said:

Out of interest what would be the impact of simply not discharging the condition? 

 

The planners would have 10 years to initiate enforcement action. If they failed to do so in that time they could no longer enforce the condition.  

 

At that point you could apply to have the condition discharged on the grounds that it's un-enforcible but I expect there is a fee for that :-) 

Edited by Temp
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  • 1 year later...
On 08/07/2017 at 15:58, ProDave said:

There is a way round it. Move to the Highlands.

 

I discharged all my planning conditions by email with the planning officer for no fee, and when completed got an email and letter to say all conditions were met.

 

It's a shame some (most?) councils charge a fee, just because they can.

don't need to go that far north, i did exactly the same. was about to say it was the laid back approach up here, then remembered BC

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