Website URL : http://www.cherwell.gov.uk/index.cfm?articleid=4659

Discharging of planning conditions

From 7 September 2009 we started charging to discharge conditions attached to a planning permission.

This is in line with the provisions of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations, 1989. Charging for handling written requests has been made statutory by the Government.

What do the charges apply to?

The charges apply to all requests for approval of details to discharge conditions attached to planning permissions and requests for confirmation that conditions have been complied with, regardless of when permission was granted.

There are exceptions to the charges for:

  • Requests relating to Listed Building Consent 
  • Discharging conditions attached to applications resulting from a condition removing "permitted development rights"

How you can access the service

We are encouraging requests to discharge conditions to be made on the application form entitled: "Application for Approval of Details Reserved by Condition" which can be downloaded from the right hand side of this page. 

The appropriate fee must be provided with the request.

Fees

There will be a standard charge of £28 for householder developments, and £97 per request to discharge conditions for all other developments.

A fee is charged for each "request". Therefore if you apply to discharge all of the conditions at once, you will only be charged one fee. However, if you send in details for each condition separately, these will be counted as separate "requests" and you will have to pay further fees.

If the details submitted to discharge a condition are not approved a further fee will not be required where the exchange of information/correspondence is on-going and revisions are submitted. However once a decision has been issued fresh application would be required.

There will be a charge if you wish to revise details already approved for discharging conditions. There is no "free go" or discount.

If you do not receive a response within 12 weeks you are entitled to your money back.

What happens if I don't discharge my conditions?

Commencement of development, prior to the discharge of relevant conditions will render the development unlawful and could lead to formal enforcement action. 

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