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

Condition discharging

peter Ford, modified 9 Years ago.

Condition discharging

New Member Posts: 4 Join Date: 20/10/11 Recent Posts

I have been contacted by a number of registered housing providers asking for us to introduce a certification process to confirm that all pre commencement / pre occupation conditions have been discharged.  This is really important for funding purposes and they are therefore willing to pay for this.  Does anyone have experience of providing this type of service?

Former Member, modified 9 Years ago.

RE: Condition discharging

We have experience of this. We have a separate process for discharging conditions, as do most authorities. They can therefore apply to have each condition discharged individually, or in bulk. They then have a decision notice from the council that confirms full or partial compliance (for example landscape details to be submitted and then implemented can only be fully discharged once implemented).

I am aware that some councils take the fee but add the paperwork to the original application. For various reasons, we decided that a discharge of condition application was a separate entry in our computer system and as such gets its own number and decision notice. This allows us to monitor progress and ensure none are lost.

If the RP wants a "certificate" to prove discharge of conditions... get them to submit a discon for all the conditions and then process.

If they want a certificate to say it was done by certain dates to show pre-commencement, that I would say is a certificate of lawfulness. Be careful not to re-invent the wheel, because you may inadvertently provide a document which purports to be a letter of comfort, but is construed as a certificate of lawfulness. Get them to submit dates and evidence and give them the certificate which they can rely on...

Best wishes

Phill (@phill_skill)