Newark & Sherwood District Council

After the application is decided - appealing, discharging conditions or amending a planning permission

There are several possible outcomes when we makea a decision on a planning application. Normally, planning permission is either granted subject to conditions or refused.

Occassionally an applicant may want to make changes to a proposal which already has planning permission . This can sometimes be sometime after the original planning permission was granted, given that permissions last at least 3 years from the date of the original decision.

What happens after Planning Permission is refused

If your application has been refused, the decision notice will set out the reasons why the application has been refused. The decision notice will also tell you how you can appeal against the refusal of planning permission.

If your application has been refused it will normally be a good idea to talk to us before you make an appeal as there may be changes you can make to the proposal to make it acceptable. Our information on pre-application advice will tell you how to contact us for pre-application advice.

Obtaining a planning permission should not be viewed as the end of your involvement with the planning department. Rather it is a further step in the development process. If your application is approved, we will send the decision notice out to you or your agent. Most planning applications that are approved have conditions attached to them and these will be listed on your decision notice.

Planning conditions are applied to almost every grant of planning permission. Conditions are important and must be read and understood as they can limit and control the way in which the planning permission may be implemented. These are generally included to ensure the development is an acceptable one. They range from ensuring new brickwork matches the existing building to controlling the opening hours of a restaurant to protect neighbours amenities.

In addition to imposing conditions on the approval notice that must be complied with, we may also attach informatives, which seek to guide the applicant to other consents that might be necessary or confirm the drawing numbers on which the decision notice is based. Unlike conditions they are not statutory parts of the decision notice but the applicant is recommended to study them closely as they may assist in ensuring the development is properly carried out. A full list of conditions used in each decision is in the officer's report and also attached to every decision notice

It is important to remember to discharge your conditions before you start your development. If you do not do this, the development will be unauthorised and we may consider taking enforcement action.

Applying to discharge your planning conditions?

Identify which conditions require you to submit further details or information, and when these have to be complied with. Some conditions must be complied with before a development is started, some regulate how the work is undertaken, others require actions before a building is occupied or a use commences whilst certain conditions will seek to regulate how the completed development is to be used or control possible changes in the future.

To discharge your conditions you will need to write to us with the details required in your conditions. You can discharge one condition at a time or alternatively all the conditions at once. Sometimes we will ask for samples of materials or joinery details.

A fee is payable for written confirmation that one or more conditions imposed on a planning permission have been complied with. The fees are set nationally and are currently:

• £25 per request where the permission relates to extending or altering a dwelling (or other works within the curtilage of a dwelling); or
• £85 per request for all other application types.

Until the fee is received in full we are unable to deal with your condition discharge request.

Allow adequate time to submit requests to discharge conditions. Please be aware that once we have received the fee, we normally have eight weeks within which to discharge the condition. However, if we need to involve third parties in confirming compliance with conditions, this time period can be extended up to twelve weeks.

To understand what is required from conditions you should read the condition and reason carefully and in full. You are urged to seek advise from your agent or other specialist where appropriate.

If you are unhappy with the conditions attached to your planning permission

If you do not agree with the conditions we have imposed you can try to get the condition removed so you no longer have to comply with it. To try to remove the condition you can either:

Appeal the imposition of the condition(s) to the Planning  Inspectorate. An appeal must be lodged within 6 months of the date of decision.

Alternatively you can make an application to us to remove the condition.

Failure to comply with conditions

Failure to discharge conditions at the correct time can invalidate a planning permission rendering the site without benefit of consent. For example starting work on site without complying with the pre-conditions may render your permission null and void and can lead to enforcement action and possible criminal sanctions.

This would then mean you would have to reapply for planning permission, possibly attracting a further planning fee and potentially other financial penalties, such as a contribution to a new Section 106 Agreement. It is possible that depending on the planning policy context the development may not be approved a second time round.

The delay may result in lost sales as the absence of a formal consent would be declared on any search. By following the correct procedure and complying with all the conditions at the right time within the development process any search or enquiry by a solicitor will be satisfactorily answered as the file will contain the exchanges of correspondence.

Wecan check if conditions have been discharged and also inspect sites to ensure development is in compliance with the permission granted.

Failure to have a valid planning permission by not complying with the approved drawings or planning conditions may have some of the following consequences amongst others:

• The service of a Temporary Stop Notice closing down any works on the site
• The issue of a Breach of Condition Notice
• The issue of an Enforcement Notice
• A need to re-submit a full planning application to the Council if the consent is invalidated
• A record on Land Charge Searches that the development is unauthorised (and possibly subject to enforcement)
• Potential difficulties in raising funds against or selling of the land or building
• Prosecution if subsequent enforcement notices are not complied with
• Undertaking works to a listed building in breach of conditions is a criminal offence

What do you do if you want to change a proposal which already has planning permission

Minor amendments / non-material amendments

Occasionally you may wish to make alterations to a scheme after it has been granted planning approval. Minor changes to approved plans can be dealt with under an amended plan procedure.

An application for such an amendment should be completed on the relevant form and relevant notices need to be served on land owners. Please ensure you download the guidance notes in addition to the application form, as these explain in full what information is required when submitting this application.

The fee payable for this type of application is £25 if the application is a householder application; in all other cases the fee payable is £170.

What can be handled as a minor/non-material amendment?

We will in most cases accept the following as minor amendments to previously approved plans:

• Reduction in the volume / size of the building/extension
• Reduction in the height of the building/extension
• Amendments to windows / doors/openings that will not have any impact on neighbouring properties

We consider the following to normally take a development beyond the scope of the permission and will therefore require a fresh application to be submitted:

• Significant increase in the volume of the building / extension
• Significant increase in the height of the building / extension
• Changes which would conflict with a condition on the original approval
• Additional and / or repositioned windows / doors/openings that will have an impact on neighbouring properties
• Changes which would alter the description of development from the original application
• Amendments that would warrant re-consultation either of neighbours, council departments or statutory bodies

Community Infrastructure Levy (CIL)

If planning permission has been granted you will received CIL Form 2 Assumption of Liability Notice of Chargeable Development (Reg 31-39) [307kb] with your decision notice.  This will outline the amount of CIL that is required.  You will also be required to provide information on who is liable for the payment of CIL .  This MUST be returned prior to development commencement.  You should note that time will be required to process this form and complete the other 3 stages; therefore it is advisable to ensure this form is submitted at least 21 days before commencement on site

We will then send you CIL Form 3 Liability Notice (Reg 65) [286kb] which confirmed the amount of CIL payable and who is liable to pay the charge.

If you consider that you are exempt from CIL payment you will have to complete and return CIL Form 4 Claim for Relief (Affordable Housing or Charitable Purposes) [250kb] . 

Then at least one day before the approved development commences you must complete and submit CIL Form 5 Commencement Notice (Reg 67) [269kb] ,which is notifying the Local Planning Authority that you intend to start work. 

Once we have received CIL Form 5 Commencement Notice (Reg 67) [269kb] and have a commencement date we will issue you with an invoice CIL Form 6 Demand Notice (Reg 69) [288kb] which will set out the payment required, and the instalments for each payment if applicable.

If you fail to make the payments, or complete the required forms prior to commencement you will be liable to enforcement action being taken against you with may result in a prosecution.

Please visit our Community Infrastructure Levy (CIL) pages for more information.

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