Complying with Planning Conditions
Some planning permissions are issued subject to conditions and it is the responsibility of the developer/applicant to ensure that the development proceeds in accordance with the approved details and in compliance with these conditions.
Many conditions are fairly standard, for example a condition setting out the time limit within which the approved development should be commenced and the condition requiring works to be undertaken in accordance with the approved plans.
Submitting details pursuant to conditions
Some conditions require details to be submitted to and approved in writing by the Council before any works take place. These may read 'No works or development shall take place until ...' and will generally be depicted in bold type on the decision notice.
The relevant details requested in these conditions must be submitted to and approved in writing by the Council before any works take place on site, otherwise the works are unauthorised. The Development Management section will not normally approve details required by a condition precedent retrospectively and a fresh planning application will need to be submitted.
What to submit
When submitting details pursuant to conditions, the relevant requested information (plans, photographs) should be submitted to the Council. You should also submit a covering letter which details the exact nature of the submitted details, the application reference number and the condition numbers. Alternatively you can apply online or print out the form from the Planning Portal.
A fee is payable for approval of details pursuant to a condition. Please refer to the Planning Portal Fee List. Please note that one fee is payable for each request made, rather than for each condition. It is therefore advisable to submit the details relating to all relevant conditions on an application at one time. The Local Planning Authority should respond to such requests within 8 weeks of receiving the complete submission including the relevant fee.
What if the works do not comply with the conditions?
If the requirements of the conditions are not met, and the requirements go to the heart of the planning permission granted, your planning permission may no longer be valid.
If you are concerned that a neighbouring development is not complying with the relevant conditions, you should contact the Enforcement section.