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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Discharge of Conditions

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Hannah Hogan, modified 8 Years ago.

Discharge of Conditions

New Member Posts: 2 Join Date: 15/05/15 Recent Posts

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 

 

 

nppf planning planning advisory service planning conditions planning permission planning applications approval planning policy full application
Former Member, modified 8 Years ago.

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, modified 8 Years ago.

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, modified 8 Years ago.

RE: Discharge of Conditions

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

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  

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Hannah Hogan, modified 8 Years ago.

RE: Discharge of Conditions

New Member Posts: 2 Join Date: 15/05/15 Recent Posts

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, modified 8 Years ago.

RE: Discharge of Conditions

New Member Posts: 16 Join Date: 12/08/13 Recent Posts
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, modified 8 Years ago.

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!