Glossary
Planning conditions attached to a London planning approval
A requirement attached to a planning approval. Must be discharged before / during / after construction.
A requirement attached to a planning approval. Must be discharged before / during / after construction.
A planning condition is a requirement attached to a permission. To be lawful a condition must pass six tests: necessary, relevant to planning, relevant to the development, enforceable, precise, and reasonable in all other respects. Most householder approvals carry between five and fifteen.
A three-year commencement condition; an approved-drawings condition listing the drawing numbers; a materials condition requiring samples or matching; obscure glazing and non-opening restrictions on flank windows below 1.7 m; and often removal of permitted development rights for further extensions.
The approved-drawings condition matters more than owners expect. Building anything materially different from the listed drawings is a breach, which is why a non-material amendment or a section 73 variation is used when the design changes on site.
One that must be discharged before any work starts. Since 2018 the authority must obtain the applicant's written agreement before imposing one. Starting work without discharging it means the development is not lawfully begun — which can invalidate the permission if the three-year window then expires.
Yes. You can appeal against a condition within the normal appeal deadline, or apply under section 73 to vary or remove it — which produces a new permission sitting alongside the original, with its own conditions.
A worked Newham example of planning condition: with 10 conservation areas — the Manor Park Conservation Area and the Forest Gate Conservation Area among the best known — London Borough of Newham (Newham Council) sees planning condition constantly, and an Article 4 direction is in force there, so permitted development cannot be assumed. Where planning condition pushes a Newham scheme out of permitted development, the route becomes a £548 application decided in 8 weeks rather than a £249 prior approval in 6 weeks.
| Six tests | Necessary, relevant to planning, relevant to development, enforceable, precise, reasonable |
|---|---|
| Commencement window | 3 years |
| Pre-commencement | Requires applicant's written agreement |
| Discharge fee, householder | £43 per request |
| Variation route | Section 73 |
| Typical count | 5–15 on a householder approval |
No. Breach of condition is enforceable through a breach of condition notice with no appeal to the Inspectorate.
By a non-material amendment, or a section 73 application if the change is material.
The commencement condition does. Most others run with the development permanently.
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