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

Discharge of planning conditions - what represents a "written request"

Former Member, Addaswyd 14 Years yn ôl.

Discharge of planning conditions - what represents a "written request"

I'm having a debate with an LPA about whether a submission made to discharge planning conditions (all on the same application) should attract more than one £85 fee. The application was made under the cover of one letter and sought discharge of two conditions. I enclosed a set of forms for each condition (as I wanted to ensure that the LPA would be able to discharge one condition without being held up by delays on the other). The LPA is stating that, becuase there are two seperate forms, it comprises two "written requests". On the basis of the above, does the fact that the request to discharge the conditions was made under cover of the same letter mean that they both fall under the same "written request" and attract one fee, or is it based on whether the LPA will deal with the conditions as seperate admin processes for determination? Circular 04/2008 (Planning-related fees), para 124, does not confirm. I have seen reference to advice coming from Alan Cornock at DCLG, confirming that the fee chargeable by the authority is £85 “per request” (so only one fee can be charged if multiple conditions are submitted at the same time. If they are submitted at different times then a fresh fee can be charged each time). But this equally doesn’t provide a definitive position. If the Council is right and I vary the submission so that it is made under one set of forms, is there any way to avoid delays in relation to one condition impacting on the release of approvals for the other conditions?
Former Member, Addaswyd 14 Years yn ôl.

Re: Discharge of planning conditions - what represents a "written request"

You have elected to make 2 submissions because of perceived, yet unquantified/unsubstantiated, delays. One covering letter doesn't constitute a written request in the prescribed 1APP manner. You therefore are required to pay 2 x £85 as the Council has advised. You have the right of appeal for non-determination of either/or/or both of your submissions after 8 weeks. You will know the Council is obliged to refund your fee/s after 12 weeks. Your choice - submit all together or separately just like applications for approval of reserved matters.
Former Member, Addaswyd 14 Years yn ôl.

Re: Discharge of planning conditions - what represents a "written request"

"Prescribed 1APP manner"? Paragraph 124 of circular 4/2008 states, "The request, identifying the permission and the conditions concerned, can be made in any written form which is clear and legible. Alternatively, applicants may wish to use the Standard Application Form..." Unless the government has changed the rules, a suitably written letter could be a valid application. But then so is each of the forms used by Geraint so I can see why the council took it as two applications.
Former Member, Addaswyd 14 Years yn ôl.

Re: Discharge of planning conditions - what represents a "written request"

Thanks for your responses. Martin - assuming that several conditions were made as one written request (setting aside the issue of the separate forms/cover letter), does an LPA have the ability to discharge the conditions seperately to avoid issues associated with one condition delaying the release of the others, or does the decision have to be made in one go (I realise that the LPA would be able to split a decision if it wished to refuse the submission relating to one condition and approve another - my query only relates to timing)?
Former Member, Addaswyd 14 Years yn ôl.

Re: Discharge of planning conditions - what represents a "written request"

Geraint In a word - Yes. In practical terms to discharge a condition requiring input from EA, Archaeology, Contaminated Land Officer and so forth, will require further time than a straightforward approval of materials condition.There could be a series of letters approving and discharging certain conditions, requesting further info. on others. Hence the 12 weeks period to refund.
Former Member, Addaswyd 14 Years yn ôl.

Re: Discharge of planning conditions - what represents a "written request"

Martin/Geraint, are you not mixing up "Discharge of Condition" which sometimes an applicant will want for example to satisfy a client or for the future sale of a property and "Article 21 schemes submissions" which the applicant must comply with often before development begins. These are 2 completely different things - confusing because they are addressed in the same circular, have the same 1APP form and require the same fee. It is possible that a developer may very well end up paying 2 lots of fees for the same condition if they want to submit a scheme and discharge. It would be impossible for example to submit a WSI for archaeology and have that condition discharged at the same time as undoubtedly the WSI wil require the developer to do things - trench evaluation, report submission etc before the condition can be discharged. From Geraint's comments it would appear 1 condition is a discharge, hence no delay envisaged whilst the other sounds like an Article 21. Therefore 2 applications have been made which will both incur a charge
Former Member, Addaswyd 14 Years yn ôl.

Re: Discharge of planning conditions - what represents a "written request"

Martin - thanks for your confirmation regarding issue of separate approvals of conditions. Laura - All the matters I have submitted are "Article 21 schemes submissions" as I understand it (i.e. written requests for approval of details required by condition, but not including reserved matters). I've always referred to such submissions as discharge of planning conditions - is this technically inaccurate? I am aware that there is a procedure which allows someone to make a written request to confirm whether a condition has been discharged or not. Is this what you are referring to when you describe a "Discharge of Condition"? It would be useful to know.