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Compliance with planning conditions

When planning permission is granted it is often granted conditionally, and the conditions are set out on the decision notice. Some of these conditions (called conditions precedent) require the submission of further details to the council or works to be carried out before development can commence on site. Examples might include the submission of drainage details, or details of external facing materials, or that works to improve the highway access are carried out in advance of the development itself.

You should be aware that if development is commenced without compliance with the terms of such conditions having been met, this may be unlawful development.

With the introduction of national planning application forms (1App) the Government has provided a form to be used for the submission of details to discharge a planning condition, and we request that these forms are used for all such requests in the future to ensure all the necessary details are provided and so that requests can be dealt with consistently. You can complete the form online or download a paper copy through the planning portal website.

A fee is payable for each request made, (a single request may be for more than one condition to be discharged) and is payable each time a condition is discharged even if details have previously been provided and these are merely being revised. Please see fee sheet for up to date fees.

The fees do not apply to telecommunications development (under Part 24 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995), and these discharge of condition arrangements do not apply to conditions on Waste and Minerals permissions, for which separate arrangements already apply.

The council will endeavour to handle all such requests speedily, but in any event we will reply within the statutory time limit of 8 weeks. If a response is not received within 12 weeks, the fee will be refunded.

Requests to confirm whether or not conditions precedent have been discharged (for example, from Solicitors or prospective purchasers) will be handled under the same arrangements.

You should also note that the council is now undertaking active monitoring of development sites to achieve compliance with the terms under which planning permissions have been granted, to prevent future problems emerging and to secure an improvement in the overall quality of development in South Gloucestershire.

Please note this process applies to conditions relating to planning legislation only, you may need to seek further advice from other third parties.

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