Breach of Planning Conditions: What Happens Next

What happens when planning conditions are not complied with - enforcement powers, penalties, and how to discharge conditions properly.

Almost every planning approval comes with conditions - requirements that must be met before, during, or after construction. Failing to comply with these conditions is a breach of planning control, and councils have specific enforcement powers to deal with it.

What Are Planning Conditions?

Planning conditions are requirements attached to a planning permission that control how the development is carried out. They are listed on the decision notice issued by the council. Common conditions include:

• Time limit - development must begin within 3 years (or a shorter period specified)
• Approved plans - the development must be built in accordance with specific drawings
• Materials - samples of external materials must be submitted and approved before use
• Landscaping - a landscaping scheme must be submitted, approved, and implemented within a specified period
• Construction hours - noisy work restricted to specific times (typically 08:00-18:00 weekdays, 08:00-13:00 Saturdays, no Sundays or bank holidays)
• Drainage - a surface water drainage scheme must be approved before development starts
• Ecology - bat surveys, nesting bird checks, or biodiversity mitigation measures
• Highways - visibility splays, parking provision, access construction details
• Obscure glazing - specific windows must be permanently obscure glazed and non-opening (or only opening above 1.7m)

Types of Conditions

Pre-commencement conditions

These must be formally discharged (approved by the council) before any construction work begins. This includes site clearance, demolition, and groundworks. Starting work before pre-commencement conditions are discharged can invalidate the entire planning permission.

Common pre-commencement conditions include contamination assessments, construction management plans, archaeological investigations, and tree protection plans.

Pre-occupation conditions

These must be discharged before the development is occupied or used. Examples include completing landscaping, installing parking areas, and connecting drainage.

Ongoing conditions

These apply for the lifetime of the development - for example, maintaining obscure glazing permanently, keeping parking areas available, or restricting hours of use.

How to Discharge a Condition

1. Read the condition carefully - understand exactly what is required and when
2. Prepare the required information - e.g. materials samples, landscaping plans, drainage calculations
3. Submit a discharge of condition application - this is a formal application to the council with a fee (currently £43 per request, or £116 for householder applications)
4. Council assesses - they have 8 weeks to respond. If they do not respond in time, the conditions are deemed discharged
5. Keep the approval - the discharge letter is evidence that the condition has been met

What Is a Breach of Condition?

A breach occurs when:

• A pre-commencement condition has not been discharged before work starts
• The development is not built in accordance with the approved plans
• An ongoing condition is not being complied with (e.g. construction outside permitted hours, removal of required obscure glazing)
• A condition requiring specific action (e.g. landscaping) has not been implemented by the deadline

Enforcement for Breach of Conditions

Councils have two main tools for dealing with breaches of condition:

Breach of Condition Notice (BCN)

This is the primary enforcement tool for condition breaches. Key features:

• Specifies the condition that has been breached and the steps required to comply
• Gives a minimum of 28 days to comply
• There is no right of appeal against a BCN - unlike an enforcement notice, you cannot appeal to the Planning Inspectorate
• Non-compliance is a criminal offence with a maximum fine of £2,500 (Level 4)
• The fine can be imposed repeatedly for ongoing non-compliance

Enforcement Notice

The council can also use a standard enforcement notice for condition breaches. Unlike a BCN, enforcement notices carry a right of appeal to the Planning Inspectorate. The potential penalties are also higher - failure to comply with an enforcement notice after the appeal period can result in prosecution with an unlimited fine.

Common Breaches and Consequences

Can You Apply to Vary or Remove a Condition?

Yes. If you find a condition unreasonable or impractical, you can apply under Section 73 of the Town and Country Planning Act 1990 to vary or remove it. This is a formal application (with a fee) that the council will assess on its merits. Common examples include:

• Extending construction hours
• Changing approved materials
• Modifying a landscaping scheme
• Removing an obscure glazing condition

The council can approve the variation, refuse it, or approve it with different conditions. If refused, you can appeal.

Time Limits

The enforcement time limit for breaches of condition is 10 years. This means the council can take enforcement action for a condition breach at any point within 10 years of the breach occurring. After 10 years, the breach becomes immune from enforcement.

Protecting Yourself

1. Read your decision notice - understand every condition before starting work
2. Discharge pre-commencement conditions first - do not let your builder pressure you into starting early
3. Keep records - photographs, approval letters, and discharge of condition confirmations
4. Monitor conditions you benefit from - if a neighbour's permission includes conditions that protect your amenity (obscure glazing, construction hours), check they are being complied with
5. Report breaches - if a condition is being breached, report it to the council's enforcement team. You can monitor planning applications near you on Planning Signal to see what conditions have been attached