What are planning conditions? Experts share common examples and reveal the consequences of ignoring them

If you want to make significant alterations to your home, then depending on the scope of your project and where you live, you may find yourself having to navigate the planning system. And if you secure the consent you need, you will find that the permission comes with stipulations or conditions attached. But what are planning conditions and what can they mean for your home improvement hopes?

All planning permission comes with some kind of conditions attached, ranging from how long you have to start the work and the materials you can use, to surveys that need to be conducted before you break ground and even stipulations around what the building can be used for.

It is vital you understand what these conditions mean, what you need to do about them and what can happen if you ignore them.

What are planning conditions?

Planning conditions are a set of stipulations that come along with any kind of planning permission.

It essentially means that permission is granted provided these conditions are met. You might also hear this referred to as conditional planning permission.

According to government policy, planning conditions 'can enhance the quality of development and enable development to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects.'

Jason Corbett who owns Rowallan Buying Agents, says: 'Planning conditions are essentially the 'rules' that must be followed for a building project to proceed after receiving planning approval.'

'Planning conditions make sure that new developments are carried out responsibly and meet both local and environmental standards,' adds Robert Quinton, home improvement expert and owner of Construction Megastore. These conditions, which often include time limits, environmental safeguards, and design restrictions, help make sure the development is appropriate for the surrounding area.'

Conditions will be tailored to your specific project.

Examples of planning conditions

Many conditions will be pretty straightforward, and may relate to timeframes of the project or the overall proposed design. Some may need to be actioned before work can begin, known as pre-commencement conditions, while others will apply to the project design or process or may even have long-term reach.

'Common conditions include deadlines for when construction must start or finish, or requirements for using certain materials or designs that fit in with the local area. ' continues Jason.

If you're building an extension that falls outside of the scope of Permitted Development, then you might also see conditions related to the use of obscured glass in new windows to help maintain your neighbours privacy, for example.

Similarly, if you have submitted an application that didn't contain specifics around the materials you plan on using, you may find a condition requiring your to submit more detailed information for the local authority to sign off on.

For more substantial projects, like building a home from scratch or converting existing buildings there may be more substantial conditions which may involve surveys, or place stipulations on what a building can be used for, or even who it can be inhabited by.

There may have also been conditions attached when your home was built in the first place. This could include things like limiting or removing Permitted Development rights, or ensuring that off-road parking is maintained (which may impact your plans for converting a garage). That's why we always advocate for homeowners to check with their local authority before making any significant structural alterations to their home.

What do I need to do if I have conditional planning permission?

You will need to resolve the planning conditions as and when stipulated, otherwise your permission could be revoked.

Simple conditions, like starting the work within a certain timeframe of when permission was granted, are pretty straightforward to resolve.

However, for more complex conditions, you have to apply to have them 'discharged', which is a formal process of proving that you have complied with the condition and your local planning authority agreeing that the condition has been met.

There is often a fee involved with discharging planning conditions, but you pay per application, rather than per condition, so make sure you group them together rather than applying to have each one discharged individually.

If you are facing multiple complex planning conditions, it may be worth working with a planning consultant to help you through the process with as little hassle as possible.

How long does it take to discharge planning conditions?

Local authorities should take no more than eight weeks to respond to discharge requests, but as with all planning applications, this can be a real challenge for departments that are suffering from a lack of resource.

If it is likely to take longer, your local authority will aim to agree a longer period with you in writing.

Should the local authority take longer than 12 weeks to discharge the condition(s), then the fee you paid will be returned to you in full. Exclusions apply which can be viewed on the government website.

FAQs

Can I appeal against planning conditions?

If there are conditions that you have good reason to disagree with, it may be worth chatting with your local planning authority to see if there is a way to resolve them that works for both you and them.

You may also be able to make another application to suggest suitable variations to the stated conditions, or launch an appeals process to have certain conditions removed.

In cases like this, it's a good idea to work with a planning consultant who will have lots of experience with local and national planning policies and with discharging planning conditions.

What happens if you ignore planning conditions?

Ignoring planning conditions can void your planning permission, as can not discharging them in the proper way.

If your planning permission is revoked, and you go ahead with the proposed work anyway, then you could face enforcement action from the local authority, which could include making changes to, or even undoing, the work you have already done at your own expense.

An option could be to apply for retrospective planning permission, but this can be a stressful process, with no guarantee of approval at the end.

If building work doesn't commence within the conditional timeframe, you could see your permission expire, and you will need to submit your application again.

In addition to discharging planning conditions, you will also need to meet building regulations and potentially have a party wall agreement in place too.