Can I start work before all conditions are discharged?

No — if a condition is worded as a pre-commencement condition (typically using wording such as "before any development commences"), you must receive written approval from the council before starting any work on site. Starting work without discharging these conditions is a breach of planning control and can result in enforcement action.

How much does it cost to discharge a planning condition?

In England, the fee for a discharge of planning conditions application is £234 per application. You can include multiple conditions in a single application, which can reduce the total cost. There is no fee for discharging conditions on listed building consents.

How long does the council have to respond to a discharge application?

The council has 8 weeks to determine a discharge of conditions application. If they do not respond within 8 weeks, you can treat it as a deemed refusal and appeal, or agree an extension of time with the council.

What if I disagree with a condition?

You have three options: comply with the condition; appeal against the condition to the Planning Inspectorate (within the appeal deadline on your decision notice); or apply to the council to modify or remove the condition under Section 73 of the Town and Country Planning Act 1990. A Section 73 application is treated as a new planning application and must be assessed against current planning policies.

What is enforcement action for breach of condition?

If you breach a planning condition, the council can serve a Breach of Condition Notice (BCN) requiring you to comply within a set period. Unlike an enforcement notice, a BCN cannot be appealed. Failure to comply is a criminal offence. Councils can also serve a Stop Notice to halt ongoing works.

How to Understand and Discharge Planning Conditions

When planning permission is granted with conditions, you must comply with those conditions to keep your development lawful. Some conditions must be formally discharged (approved in writing) by the council before you start work, while others apply throughout or after the development. Understanding your conditions before you begin is critical.

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