Planning conditions explained
including planning obligations (section 106 legal agreements)
Planning permission often includes conditions requiring the submission and approval of details. These conditions tend to fall into two categories:
- Conditions that must have the details approved before any work on the site commences. These are known as conditions precedent and generally begin with the words "no development shall commence until..."
- Those that require details to be submitted, approved and implemented prior to the development being brought into use. For example "the building shall not be occupied until..."
How to agree a planning condition
To agree a planning condition you must submit an "application for approval of details reserved by condition"
Please use the discharge of planning conditions guidance note [PDF|23KB] to ensure you complete the form correctly. Provide as much detail as possible in your form, and if in doubt contact the case officer.
Submit your application alongside the appropriate fee. For fee information, see planning and building control fees
We aim to respond to most requests within four weeks, but it could take eight weeks or longer to respond to your submission.
We will check everything is correct and contact you if it is not. We will write to you giving you the details of the case officer and how quickly we aim to respond.
If we don’t give a decision within eight weeks, you have the right to appeal to the Planning Inspectorate unless you have agreed an extension to this process. If you disagree with our decision you also have the right of appeal to the Planning Inspectorate. If we don’t respond within 12 weeks, you are entitled to a full refund of your fee.
When can planning obligations be sought by the local planning authority?
Planning obligations assist in mitigating the impact of unacceptable development to make it acceptable in planning terms. Planning obligations may only constitute a reason for granting planning permission if they meet the tests that they are necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind. These tests are set out as statutory tests in the Community Infrastructure Levy Regulations 2010 and as policy tests in the National Planning Policy Framework.
Application to modify or discharge a Section 106 legal agreement
Planning and Building control opening hours and contact information