Discharge of Conditions

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Heddiw

Hannah Hogan, Addaswyd 8 Years yn ôl.

Discharge of Conditions

New Member Postiadau: 2 Dyddiad Ymuno: 15/05/2015 Bostiadau diweddar

Afternoon all!

Quick question, if I may...

Where a statutory consultee has advocated a condition, and permission has been granted and the condition imposed by the LPA - who would most LPAs expect to discharge that condition? The requestant consultee or any other relevant risk management authority? Do Stat Consultees have an option to not offer comment / refuse to comment on their own advocated conditions?

The Town&County Planning (Development Management Procedure) (England) Order 2015 doesn't offer a clear steer to DoC - only permissions. ...

Thanks in advance,

hannah hogan

Former Member, Addaswyd 8 Years yn ôl.

RE: Discharge of Conditions

The planning permission is granted by the local planning authority and only it can discharge a condition. It's covered by article 27 of the Procedure Order.

Former Member, Addaswyd 8 Years yn ôl.

RE: Discharge of Conditions

Hi Hannah,

Obviously the LPA are the only ones who can formally discharge the condition. It sounds like you're having difficulty with a statutory consultee not wanting to be involved in assessing a DoC when they've asked for a condition to be put against an application; this is poor form but it happens, unfortunately. I don't think there's any recourse in the regs or elsewhere to force them to provide a comment on a DoC if they're unwilling - so it becomes a tactical/relationship management issue.

Rob

REBECCA STADDON, Addaswyd 8 Years yn ôl.

RE: Discharge of Conditions

Advocate Postiadau: 103 Dyddiad Ymuno: 05/09/2013 Bostiadau diweddar

Hannah,

I agree with Paul and Rob. The duty to discharge the condition lies with the LPA. Unfortunately a lack of response from the stat consultee will have to be looked at internally.

Rebecca

Hannah Hogan, Addaswyd 8 Years yn ôl.

RE: Discharge of Conditions

New Member Postiadau: 2 Dyddiad Ymuno: 15/05/2015 Bostiadau diweddar

Thanks all,

Although the Council as LPA would discharge conditions - if LPAs feel unable to fully look at a technical advocated & imposed condition, it's concerning what position that would leave the LPA in - whether to seek advice elsewhere or to challenge the consultee's refusal to comment further.

Cheers for your input :)

Ed Murphy, Addaswyd 8 Years yn ôl.

RE: Discharge of Conditions

New Member Postiadau: 16 Dyddiad Ymuno: 12/08/2013 Bostiadau diweddar

How about "If we don't hear from you within 21 days this will be taken to signify that you have no obejctions to the LPA discharging the condition" ? Otherwise you could wait forever.

Former Member, Addaswyd 8 Years yn ôl.

RE: Discharge of Conditions

It should also be recognised that there is a time limit for the discharge of conditions application to be determined by, and the fee is returnable as well......so there are consequences!