The Planning Process
Stage 5: After a planning decision
My application has been refused-what can I do?
If your application has been refused we advise that you should review the reason for refusal and consider amending your proposal to overcome this. If you feel you may be able to overcome the reason for refusal you should use our pre-application advice service to get advice on your amended proposal before you re-submit an application.
In many cases you would be able to submit a modified application within 12 months of the original decision, free of charge.
If you do not wish to negotiate, you can appeal against the decision to refuse the application. You can find out more about the appeals process here.
My application has been approved subject to conditions-what do I do?
Most conditions are directive and simply need to be complied with. Providing you carry out your development in accordance with these conditions you can proceed with the development.
However, some conditions will require you to submit further information to us before certain stages of development, this is called discharging planning conditions.
Discharging planning conditions
The discharge of planning conditions involves a formal application process where details relating to an approved development can be considered and a decision made on their acceptability. It is important you discharge these conditions as if you proceed without doing this, your permission can be invalidated.
A fee is required for the application, except where you are discharging conditions from a Listed Building Consent application. You can find out more here.
Where an application is submitted to simultaneously discharge several conditions, only one fee is required.
The process can take up to eight weeks (or longer if agreed with you) from the receipt of a valid application.
The process cannot be fast-tracked or prioritised so it is important to plan ahead for your start date, or for when your current permission is due to expire.
We may refuse your application if it is submitted with incomplete information and you will have to apply and pay a fee again.
Removing or varying conditions
If you want to vary or remove a condition attached to your planning permission you can submit a 'Removal or Variation of Conditions/Section 73' application. This can be submitted in relation to any condition, apart from the time limit conditions imposed on the commencement of the development, or submission of reserved matters on an outline permission. More information can be found here.
A fee is required for the application, you can find out more here.
Small scale minor applications are normally decided within 8 weeks, while larger more complex major applications are normally decided within 13 weeks, although these may take longer depending on the nature of the proposal.
Appealing against the imposition of a condition/s
If you do not wish to negotiate or apply to remove/vary conditions, you can appeal against the imposition of a condition/s. You can find out more about the appeals process here.
If you want to make any changes to approved plans, then you should contact us with the details before starting work, as any amendment to the approved scheme will require permission.
The type of application required will depend on the scale of change you are proposing.
Non-material changes are changes which are so minor that they do not significantly change your permission, changes can be made by submitting an 'application for a non-material amendment to a planning permission'. We will consider whether the changes proposed are minor and therefore non-material to the approved planning permission. You can find our more information on what changes may be non-material here here.
Minor material changes or Varying/Removing planning conditions
An application can be made to amend your development by varying or removing conditions associated with a planning permission. The same application can be used to seek a minor material amendment where there is a relevant condition that can be varied. For example, amending a condition which relates to specific plans to allow you to alter the design of your development.
This process and any amendments can’t be used to change the description of the development. Whilst this application can be used to make amendments which are more significant than non-material changes, the amendments should result in a development which is not substantially different from the one which has been approved
If you wish to make significant changes to your planning permission you will have to re-apply for a further planning application.