Types of Planning Condition and Discharging Conditions
Types of planning condition: (1) Pre-commencement conditions: must be formally discharged (LPA approval obtained) before any works begin; s.100ZA TCPA 1990 restricts LPAs to imposing pre-commencement conditions only with the applicant's written agreement or where necessary for a specific planning reason; common examples: approval of materials, design details, ecological surveys (bat surveys; great crested newt surveys, season-dependent), archaeological investigation, ground contamination site investigation, surface water drainage strategy, construction management plan; commencing works before formal discharge = breach of planning control regardless of whether the works would comply with the condition's technical requirements; (2) Pre-occupation conditions: must be discharged before first occupation; examples: access and visibility splays completed, cycle storage installed, EV charging points, landscaping scheme approved, energy statement; (3) Ongoing/operational conditions: apply continuously throughout the life of the development; examples: hours of use (residential occupation only; no commercial use), occupancy restrictions (single household; agricultural only), noise mitigation measures (acoustic glazing; extraction systems), use class restrictions. Discharge of condition (DOC) application process: submit via Planning Portal identifying the planning permission, the conditions, and supporting technical information; fee £43 (householder development) / £128 (other development) per request; LPA has 8 weeks to determine; refused DOC can be appealed to the Planning Inspectorate under s.78 TCPA 1990 (within 6 months of decision or 8 weeks if no decision received); s.96A TCPA 1990, non-material amendment: allows minor modification to conditions without a full new planning application.
Grampian Conditions, Occupancy Conditions, and Breach Enforcement
Grampian conditions (Grampian Regional Council v City of Aberdeen [1984] HL): negative conditions preventing commencement or occupation until a specified event outside the applicant's control has occurred (e.g. off-site highway improvement requiring third party land; s.106 agreement; utility connection by statutory undertaker); valid even where the triggering event requires third party action, provided it is not impossible; common examples: 'No dwelling shall be occupied until the off-site highway works shown on Drawing X have been completed'; 'No development shall commence until a s.106 agreement relating to affordable housing has been entered into'. Occupancy conditions: agricultural occupancy condition (AOC), restricts occupation to a person (and their dependants) employed or last employed in agriculture or forestry locally; legacy conditions on older rural residential buildings; significantly reduces open market value; remove via s.73 TCPA 1990 application to vary or remove (LPA considers whether the original planning justification still applies); single household condition, restricts to a single household (preventing HMO use); landlords converting to HMO must check for such conditions. Breach of condition notice (BCN, s.187A TCPA 1990): identifies the breach and the remedy required; minimum 28 days to comply; failure without reasonable excuse = criminal offence (unlimited fine in Crown Court); CANNOT be appealed (only judicial review); no limitation period. Enforcement notice (s.172 TCPA 1990): appealable to Planning Inspectorate; limitation periods (s.171B): 4 years for building operations and change of use to dwelling house; 10 years for any other breach. Indemnity insurance: available for historic planning condition breaches where the limitation period has expired; required by many lenders.