When planning permission is granted it is very rarely unconditional. Most approvals come with planning conditions – specific requirements imposed by the Local Planning Authority (LPA) to control aspects of the development, mitigate impacts, or secure compliance with policy. Properly discharging and managing these conditions is vital for both legal compliance and the successful delivery of a project and, if you have followed us for a while, we always outline the importance of dealing with your planning conditions. So, this is your annual reminder!
Planning conditions are binding. Commencing development without satisfying pre-commencement conditions can render the entire scheme unlawful and expose the developer to enforcement action – especially if the nature of the condition, as noted in case law, goes to the heart of the permission granted. Action in the absence of dealing with conditions of this nature can include stop notices, fines, or even the need to demolish unauthorised works. Ensuring that conditions are discharged before work starts can avoid costly delays and legal risks.
Conditions often relate to practical matters such as construction management, drainage, highways, ecology, or materials. Addressing them early ensures that projects run smoothly and in line with expectations. For example, securing approval for a construction management plan avoids disruption to neighbours and reduces conflict with the LPA. Similarly, discharging conditions relating to landscaping or design quality ensures the development integrates properly into its setting.
Compliance with conditions demonstrates professionalism and builds trust with stakeholders – from the LPA and statutory consultees to local communities. Developers who manage conditions effectively are less likely to face objections, complaints, or reputational damage. This also supports ongoing relationships with planning officers, which can be important for future projects.
Failure to discharge conditions can have direct financial consequences. Lenders and investors often require confirmation that conditions have been discharged before releasing funds. Likewise, occupiers and purchasers expect the development to be fully compliant. Outstanding conditions can delay sales and be flagged in pre-purchase appraisals. Proactive condition management therefore protects investment value and ensures smooth transactions – remember a breach of condition carries a ten-year enforcement window so can come back to bite for many years post breach.
Conditions are often used to secure positive outcomes such as biodiversity enhancements, energy efficiency, or finalised details as to proposed (big or small). By managing them effectively, developers contribute to sustainable development objectives and local policy goals. This, in turn, can enhance the quality, resilience, and long-term success of the project.
Given the number and complexity of conditions that can be attached to modern permissions, strategic management is essential. Developers will benefit from and engaging specialists (e.g., ecologists, transport consultants, or drainage engineers) at the right stage – you cannot, realistically, start to early on the basis that most conditions require at least eight weeks for a condition discharge application. Early dialogue with the LPA can also prevent misunderstandings and ensure timely approvals to allow you to commence and/or continue with development when you need it and/or when contractors are available.
Discharging and managing planning conditions is an important aspect of development and planning permissions granted. Conditions can ensure legal compliance, smooth delivery, financial security, and community trust, while also supporting wider planning objectives. Rather than treating conditions as a formality, developers who address them proactively can safeguard their projects and help deliver high-quality, sustainable places.