It is crucial to comply with all conditions attached to a planning decision, also known as discharging the conditions. Failure to do so may result in enforcement action against the applicant or even the invalidation of the planning permission.
How to discharge the conditions
A request to discharge conditions or confirm their discharge can be made in any clear and legible written form, including letters, emails, or application forms. You can submit an online application through the Planning Portal or download an application form.
We recommend you complete and supply Proforma 2 with all discharge of condition applications:
Return your forms to
Post
Planning Services,
PO Box 26,
Archway Road,
Huyton, L36 9FB
Your application must include all the details needed to check whether a condition can be discharged or is complied with. These could be details of materials, specifications, plans or a written statement detailing what has, or will be done to comply with the condition.
Once submitted we will acknowledge your request and give you the name and contact details of the officer who will be dealing with it.
Costs
As of April 2008, a mandatory national fee is applicable for discharging planning conditions. Please note that we cannot process or review your request to discharge or comply with conditions without receiving the required fee.
A fee is generally required for most requests to discharge conditions. The current fees for discharging conditions can be found below. The fee applies per request, not per condition, so it's recommended to submit a single application for all conditions you wish to discharge.
Please note that no fee is charged for Listed Building Consent or Conservation Area Consent permissions. Additionally, requests for confirmation that conditions have been complied with will also incur the appropriate fee.
How long it will take
Processing times for discharging planning conditions vary depending on the complexity of the application and the availability of necessary information.
Straightforward cases
If your application is straightforward, you have provided all required details, and your proposals are acceptable, we aim to respond within approximately three weeks.
Cases requiring consultation
If we need to consult with other parties, the processing time may extend to 8-12 weeks from the date of receiving the fee and necessary details.
Insufficient or unacceptable details
In cases where the provided details are insufficient or unacceptable, we will notify you within twelve weeks that the condition(s) cannot be discharged. You will then need to resubmit new proposals for compliance, accompanied by an additional fee.
Reporting non-compliance with conditions
If you are concerned that conditions placed on a planning permission have not been complied with, please see our Planning Enforcement Section.