Planning compliance - discharging conditions

Failure to discharge conditions at the correct time can invalidate a planning permission. For example, starting work on site without complying with the pre-conditions may render your permission null and void leading to enforcement action and possible criminal sanctions. As a result you would have to reapply for planning permission, possibly incurring a further planning fee and potentially other financial penalties, such as a contribution to a new Section 106 agreement.

Whilst all pre-conditions are important, some have a particular significance such as resolving contaminated land issues, submitting archaeological assessments and the adequate protection of trees. If works start before these details have been agreed, irrevocable damage may occur or remedial works could be required that could involve a partial or total demolition of the development. Special care should be taken when dealing with a listed building as any works outside the consent or conditions is not only unauthorised but is actually a criminal offence.

Depending on the planning policy context, it is possible that the development may not be approved a second time round. The delay could result in lost sales as the absence of a formal consent would be declared on any search. By following the correct procedure and complying with all the conditions at the right time within the development process, any search or enquiry by a solicitor will be satisfactorily answered as the file will contain the exchanges of correspondence.

We can check if conditions have been discharged and also inspect sites to ensure development is in compliance with the permission granted. Failure to have a valid planning permission by not complying with the approved drawings or planning conditions may have some of the following consequences, including:

• the service of a temporary stop notice closing down any works on the site
• the issue of a breach of condition notice
• the issue of an enforcement notice
• a need to re-submit a full planning application to the council if the consent is invalidated
• a record on land charge searches that the development is unauthorised (and possibly subject to enforcement)
• potential difficulties in raising funds against or selling of the land or building
• prosecution if subsequent enforcement notices are not complied with
• undertaking works to a listed building in breach of conditions is a criminal offence