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What happens after permission is granted

Last Modified April 03, 2013
 

After planning permission is granted you will still need to liaise with us.

Planning conditions are likely to have been applied as part of the approval and these limit and control the way in which the development can take place. Conditions are generally included to ensure the development is acceptable and range from specifying the type of materials used, or controlling the opening hours of a restaurant to protect neighbours amenities.

In addition to conditions we may also attach Informatives, which seek to guide you to other consents that might be necessary.

Informatives can range from the requirement to get Building Regulations approval for the development, through to the requirement of a Section 278 Agreement with the Highways Authority for approved alterations to roads and public footpaths. Unlike conditions, they are not a statutory part of the decision notice but the applicant will be advised to study them closely as they may help in ensuring the development is properly carried out.

A full list of conditions for each development will be in the officer's report and attached to every decision notice.

Complying with conditions

Once you have received your planning decision notice you will need to check it carefully. If you are unsure of any information on the notice please contact us, quoting the reference number on it, which starts with TP/.  

Please note:

  • Some conditions require you to submit further details or information and to tell us when they have been done
  • Some conditions must be complied with before the development is started, while some regulate how the work is undertaken
  • Some conditions require actions before a building is occupied or used
  • Some conditions will seek to regulate how the completed development is to be used or control possible changes in the future e.g removal of permitted development rights.

You have the right to appeal the imposition of a condition if you feel it is unreasonable. You can lodge an appeal within six months of the date of the decision. Contact us if you want to explore this further as if you start work during an appeal process it may make the planning consent invalid.

Discharging conditions 

Once you have completed the conditions, you need to apply for them to be discharged. You should seek advice from your agent or other specialists where appropriate.

When you submit the information to us, please ensure you clearly identify the condition number and application it relates to.

We may need to seek specialist advice from other departments or external parties such as Hertfordshire County Council Highways before we can accept, and discharge, the conditions so please allow time for this.

If we don't feel there is enough information we will reject the application and let you know why. A condition is only discharged when written approval is given by us.

Failure to comply with conditions

Failure to discharge conditions at the correct time can invalidate planning permission. For example starting work on-site without complying with the pre-conditions may void your permission and can lead to enforcement action.

If you do not comply with the approved drawings or planning conditions, the following consequences may apply:

  • A need to re-submit a full planning application. This may incur further costs and conditions and even a refusal of permission
  • A record on Land Charge Searches that the development is unauthorised, and possibly subject to enforcement
  • Potential difficulties in raising funds against, or selling, of the land or building
  • The serving of a Temporary Stop Notice, closing down works on the site
  • The issuing of a Breach of Condition Notice
  • The issuing of an Enforcement Notice

Please note, this list is not exhaustive.

We can check if conditions have not been discharged and we also inspect sites to ensure development complies with the permission granted.

Application for approval of details reserved by condition

An application for approval of details reserved by a condition will be necessary where a condition in a planning permission or a listed building consent requires details of a specified aspect of the development, which was not fully described in the original application.

These details need to be submitted for approval before the development can begin. As such, an application for approval of details reserved by a condition is not an application for planning permission or listed building consent.

An application for approval of details reserved by condition can be submitted online via the Planning Portal or through our Approval of details reserved by condition webpage .

 

 

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