The majority of planning permissions have conditions attached. Some conditions require approval by the council before any development takes place, others can be discharged during the course of the development. All conditions relating to a planning permission can be viewed on the decision notice.
Why do I need to discharge the conditions?
It is very important that all the conditions attached to a planning decision are complied with and this is known as discharging the conditions. Failing to do so may lead to enforcement action being initiated against the applicant or even the invalidation of the planning permission.
How do I discharge the conditions?
A request for the Discharge of Conditions, or confirmation that conditions have been discharged, can be made in any written form which is clear and legible. This includes letter, email or an application form. You can submit an online application via the Planning Portal or download an application form.
We recommend you complete and supply Proforma 2 with all discharge of condition applications:
You can submit the form by
e-mail: [email protected]
Or alternatively print off the form and send it to:
PO Box 26,
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.
We will then acknowledge your request and give you the name and contact details of the officer who will be dealing with it.
If the only part of a condition is being requested to be discharged, this should be clearly identified. Some detailed guidance notes can be found here.
Do I need to pay?
From April 2008, a statutory national fee was introduced for discharging conditions. We will not be able to consider the discharge or compliance with conditions unless this fee has been paid.
A fee is required for most requests to discharge conditions. The current fees (per application) to discharge conditions can be found here. Current planning fees.
The fee is per request, not per condition, so you may want to submit for all of the conditions in one go.
No fee is charged for Listed Building Consent or Conservation Area Consent permissions.
Please note: Requests for confirmation that conditions have been complied with will also incur the appropriate fee.
How long will it take?
If the matter is straightforward, you have supplied all the details we need and your proposals are acceptable we should be able to give you a response in about three weeks. If we need to consult other people, it may take 8-12 weeks (of receipt of the fee and necessary details) to respond.
If the details are insufficient or unacceptable, we will inform you within twelve weeks that the condition(s) cannot be discharged. You would then have to resubmit new proposals for compliance with a further fee
What if I know someone is not complying with their conditions?
If you are concerned that conditions placed on a planning permission have not been complied with, please see our Planning Enforcement Section.