What happens if I start work before pre-commencement conditions are discharged?

Starting work before discharging pre-commencement conditions is a breach of planning control. The council can serve a Breach of Condition Notice (BCN) or an enforcement notice requiring you to stop work, remedy the breach, and potentially demolish work already done. Unlike an enforcement notice, a BCN cannot be appealed to the Planning Inspectorate. The consequences can be very costly.

How much does it cost to discharge planning conditions?

In England, the fee for a discharge of planning conditions application is £234 per application. One application can cover multiple conditions. There is no fee for discharging conditions on listed building consents.

How long does it take to discharge conditions?

The council has 8 weeks to determine a discharge of conditions application. Some simpler conditions (such as materials approval for a straightforward project) may be approved more quickly. You can agree an extension with the council if they need more time. Factor discharge time into your construction programme — starting the process early avoids delays to your build programme.

Can I appeal a planning condition?

Yes — you can appeal against a planning condition to the Planning Inspectorate within the appeal deadline stated on your decision notice (usually 12 weeks for householder applications). You can also apply under Section 73 of the Town and Country Planning Act 1990 to vary or remove a condition at any time. A Section 73 application is treated as a new planning application and must pass current planning policy tests.

What is a Grampian condition?

A Grampian condition is a planning condition that prohibits development from commencing (or a building from being occupied) until a specified action has been completed — but where that action cannot be required directly by the planning authority because it involves land outside the applicant's control. For example, a condition might prohibit occupation until a junction upgrade on the adjacent highway has been completed. The name comes from a House of Lords case, Grampian Regional Council v Aberdeen DC [1984].

How to Discharge Planning Conditions Before Starting Work

If your planning permission includes pre-commencement conditions, you cannot legally start any work on site until those conditions have been formally discharged — that is, approved in writing by the council. This is one of the most common causes of enforcement action on residential developments. Here is how to manage the process correctly.

7 steps