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Fees for the discharge of planning conditions
(Including requests that conditions have been complied with)
The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008
The Government has introduced new fees for the discharge of planning conditions from 6 April 2008. Full details can be seen in the Statutory Instrument 958 and Explanatary Memorandum issued by the Government on 2 April 2008.
A fee is now payable where a written request is made for the discharge of one or more conditions on the same permission or for the written confirmation of compliance with a condition or conditions. Any number of conditions may be included on a single request.
The fee is payable per written request to discharge conditions and not per condition. The fee chargeable by the authority is £97 per request (or £28 where the condition relates to planning permission for extending or altering a dwellinghouse or other associated residential use in the curtilage of a dwellinghouse). The fee must be paid when the request is made, and cannot be received retrospectively. It does not matter when the permission was granted.
Requests to discharge planning conditions or to confirm they have been complied with that are received without the appropriate fee will be returned unanswered.
No fee is required for the discharge of conditions attached to applications for Listed Building Consent, Conservation Area Consent or Advertisement Consent.
Written Requests or 1APP Form
The request for a discharge of a condition or confirmation of compliance with a condition must be made in writing or by using 1APP Form 25 which is available to download below.
1APP Form 25 - Approval of Details - Application for Approval of Details Reserved by Condition
The letter or form must clearly identify the relevant permission (Planning Application No.) and the condition(s) concerned.
8 Week Response
The Government requires authorities to deal with all requests within 8 weeks and fees are refundable if no response is sent within 12 weeks from the date of receipt. There is no 'free go' if the Council decides that information submitted is not sufficient for a discharge of a condition or if a further request for written confirmation is submitted.
For further information please contact us on 01789 260304 or by email at firstname.lastname@example.org or by fax on 01789 260306.