Dealing with planning conditions

A Simple Introduction from Our Experience

Receiving your planning approval is a moment of real celebration. The formal Decision Notice from your local council is the green light you've been working towards. However, that permission doesn't exist in a vacuum; it comes with a set of instructions and rules known as planning conditions.

At London Extend, we see conditions as the "rulebook for your approval." They are not a punishment, but a standard and necessary part of the process. They are the council's way of ensuring your development is carried out exactly as approved and that any potential negative impacts are properly managed. Understanding and proactively dealing with these conditions is the key to a smooth construction phase and protecting the long-term lawfulness of your project.

The Concept in Plain English: What are Planning Conditions?

Planning conditions are legally binding requirements attached to your planning permission. They are listed clearly on your Decision Notice, and they can dictate everything from when you can start work to the specific type of brick you are allowed to use.

While they can seem complex, most conditions fall into one of four main categories:

1. Administrative Conditions: The most common is the condition stating that the development must begin within three years, otherwise the permission expires. Another standard condition requires the work to be carried out in strict accordance with the approved architectural drawings.

2. Conditions Requiring Further Details (Pre-commencement): These are the most critical to manage. Known as "pre-commencement conditions," they require you to submit further specific details to the council for their written approval before any development begins. This could include samples of external materials, detailed landscaping plans, or a construction logistics plan. They are easily identified by wording like: "No development shall commence until..."

3. Restrictive Conditions: These conditions limit how the property can be used or changed in the future. Examples include restricting a restaurant's opening hours, limiting the occupancy of a rural worker's dwelling, or removing certain Permitted Development Rights to prevent future extensions without a new application.

4. Ongoing or Trigger-based Conditions: These may require action during or after construction. A common example is a condition that sets out a procedure to follow "in the event" that archaeological remains or contaminated land are discovered during excavation.

The Process: How to Deal with Your Conditions

Once you receive your Decision Notice, a proactive approach is essential.

• Step 1: Read Your Decision Notice Carefully. Read every condition to understand exactly what is required of you and, crucially, when. Note that these conditions are tied to the property and are binding on any future owners.

• Step 2: Create a Conditions Checklist. This is a practical step we take for all our projects. List every condition, the action required, the deadline for that action (e.g., "pre-commencement"), and who is responsible. This becomes a vital project management tool.

• Step 3: Formally "Discharge" Your Conditions. For any condition that requires the council's written approval (especially pre-commencement conditions), you must submit a formal "Discharge of Conditions" application. This involves providing the required information (e.g., material samples, detailed drawings) for the council to review and formally approve in writing.

• Step 4: Consider a Variation or Removal. If you believe a condition is unreasonable, unnecessary, or outdated, you don't have to just accept it. You can submit an application to vary (change the wording of) or remove the condition entirely. You must provide a strong planning justification for why the change is acceptable.

How This Impacts Your Project in London

Due to the city's density, heritage, and intensity of development, certain conditions are particularly common on London planning permissions:

• Construction Management Plans: On tight urban sites, councils will almost always impose a pre-commencement condition requiring a detailed plan for managing lorry deliveries, worker parking, dust suppression, and noise control to protect neighbours' amenity.

• Materials Approval: In London's many Conservation Areas, it is standard to have conditions requiring physical samples of key materials—bricks, roof tiles, window frames—to be submitted and approved on site by the planning officer.

• Removal of Permitted Development Rights: To maintain control over development in dense neighbourhoods, councils frequently use conditions to remove the automatic right to build small extensions, sheds, or fences in the future, meaning even minor works will require a new planning application.

Common Pitfalls & The Serious Consequences of Non-Compliance

Failing to adhere to your planning conditions can have severe consequences that can jeopardise your entire project.

• Pitfall #1: Starting Work Too Soon. We cannot stress this enough: starting any form of development, including demolition or excavation, before you have formally discharged all of your pre-commencement conditions can render your entire planning permission null and void. The council can treat your project as unlawful and take enforcement action to undo the work.

• Pitfall #2: Ignoring an Ongoing Condition. If you fail to comply with any other type of condition (e.g., you ignore agreed opening hours or use the wrong building materials), the council can issue a Breach of Condition Notice. This legally requires you to comply within a set period (a minimum of 28 days). There is no right of appeal against this notice, and failure to comply can lead to criminal prosecution and significant fines.

Our Concluding Advice: Immunity and Lawful Development

In some cases, a breach of a planning condition that has been left unchallenged for a long time can become immune from enforcement action. Generally, the breach must have been continuous for 10 years. The only exception was for a breach of a condition preventing a building from being used as a single dwellinghouse, which only required 4 years of continuous breach.

! Important Legislative Update: The End of the 4-Year Rule !

Please be aware: The Levelling Up and Regeneration Act 2023 will abolish the 4-year rule entirely, making all breaches of planning control subject to the 10-year rule. While the exact date for this change is still pending confirmation from the government, it is imminent. If you believe you may have a case that relies on the 4-year rule, we strongly advise you to seek immediate professional advice.

If you have a historic breach of condition that you believe is now immune, you should not simply assume it is lawful. The correct legal route is to apply for a Lawful Development Certificate (LDC). This requires submitting robust evidence to prove the breach has been continuous for the required period. If granted, an LDC provides official confirmation that the situation is lawful and protects you from any future enforcement action.

Managing planning conditions is a critical part of the development process. If you need assistance discharging conditions or are unsure about the implications of your Decision Notice, our team at London Extend is here to provide clarity and expert support.