Solicitor Kayleigh Chapman, in our leading Planning & Environmental law team, explains the procedure for having a Local Planning Authority discharge (or deemed to have discharged) planning conditions.
Making an application
If an application is made to discharge a condition the Local Planning Authority should respond to that application “without delay” and within 8 weeks (for the majority of applications).
Since 15 April 2015 a procedure is available to applicants to have an application to discharge a condition “deemed” to be discharged where a Local Planning Authority has failed to give notice of its decision within the 8 week period.
Exemptions
This procedure is not available where a condition relates to, for example, flood risk, contaminated land, archaeology or highway safety.
A "deemed discharge"
The Applicant may notify the LPA of its intention to have a condition “deemed discharged” if the LPA has not made a decision on an application within six weeks. The notice to the LPA must:
- Identify the planning condition to which the notice relates;
- Confirm whether the application’s determination period (8 weeks) has elapsed and that no appeal for non-determination has been submitted; and
- Confirm the date on which deemed discharge is to take effect
The date on which deemed discharge is to take effect must be either (whichever is the later):
- A date after the determination period elapses; or
- At least 14 days immediately following the day on which the deemed discharge notice was received by the LPA
If that procedure is followed correctly then the relevant condition(s) is deemed to be discharged.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
