There are often conditions attached to planning permissions that request further details, for example, relating to a landscaping scheme or samples of materials. In these cases, additional information must be submitted to us for formal agreement prior to the commencement of any development. This is known as discharge of the conditions.
All requests must be made in writing and accompanied by all relevant samples and / or drawings.
Note: Further information on the use of conditions in planning permissions can be found in Circular 11/95 (this page opens in a new window).
Fees relating to discharge of conditions
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 (this page opens in a new window) came into force on 6 April 2008 and amends the 1989 Regulations.
As a result of this legislation, a fee is now payable where there is a requirement to discharge one or more conditions on a planning permission.
The fee payable for each request is:
- £25 where the request is in respect of conditions imposed on a planning permission to extend or alter a dwellinghouse, or to carry out other development in the curtilage of a dwellinghouse; or
- £85 for all other requests.
- There is no fee if the conditions relate solely to a permission for works to a listed building for which no application fee was payable. However, if the application was for listed building consent and planning permission, a fee would be payable for the planning permission as described above.
The fee is payable per request. That said, a request can include discharge of more than one condition, as long as they are from the same planning permission.
It should be noted that a further fee is required if:
- a request for a discharge of conditions has previously been refused; or
- changes are sought to details that have already been discharged (for example, a change in the type of brick or tile to be used in a development).
Timescale
We must respond to such requests within 12 weeks of receipt of the fee otherwise the fee will be refunded.
Note: There is a right of appeal against conditions attached to a planning permission. The appeal must be made within 6 months of our decision. Further information can be found on the Planning Inspectorate's website (this page opens in a new window).
Planning Enquiries
Planning Services
Guildford Borough Council
Millmead House
Millmead
Guildford
GU2 4BB
Tel: 01483 444609
Email: planningenquiries@guildford.gov.uk