What a condition is, and why it can stop you starting
A planning permission often comes with conditions: details of materials, a drainage design, a construction method, tree protection. Some say nothing may begin until the council has approved what they ask for. Those are pre-commencement conditions.
The planning guidance is blunt about the risk. Development carried out without complying with a pre-commencement condition would be unlawful and may be the subject of enforcement action. So the discharge happens before the builder mobilises, not after.
The two fees per request
The council’s fee is charged for each request, not for each condition. The national schedule sets it at £89 where the request relates to householder development, and £309 in any other case.
That is why our pack covers up to three conditions in one go: it lets you group related conditions into a single request where the council accepts it. We tell you in advance how many requests your permission needs.
How long the council has
The guidance says the council must give notice of its decision within 8 weeks, beginning with the day after the request is received, or a longer period agreed in writing. If no decision is made within 12 weeks, it must return the fee.
If the council runs out of time, a deemed discharge may be available under the 2015 Development Management Procedure Order. We show you the route if it arises, but a deemed discharge is for when you are close to starting, not a substitute for a good first submission.
Why the details have to be right first time
A refused request still costs the fee. The guidance notes that there is a right of appeal where a request is refused or not decided in time, but an appeal is slow compared with fixing the details.
Our pack puts each condition’s requirement beside the drawing or document that answers it, so the officer sees the answer on the first page. If the permission was granted on a pre-commencement basis, the council needed your written agreement to that condition before imposing it, which is worth knowing if one seems unreasonable.
Listed building consent is different: GOV.UK lists a discharge of a condition on a listed building consent among those with no application fee.
By the numbers
£89
Council fee per request to discharge conditions on householder development.
Source: Planning fees: annual indexation from 1 April 2026 (GOV.UK)
£309
Council fee per request to discharge conditions in any other case.
Source: Planning fees: annual indexation from 1 April 2026 (GOV.UK)
8 weeks
The time the council has to give notice of its decision on a request to discharge a condition.
Source: Use of planning conditions, planning practice guidance (GOV.UK)
12 weeks
After which the council must return the fee if it has not decided.
Source: Use of planning conditions, planning practice guidance (GOV.UK)
Unlawful
Starting development without complying with a pre-commencement condition is unlawful and may lead to enforcement.
Source: Use of planning conditions, planning practice guidance (GOV.UK)
s100ZA
The section requiring the applicant’s written agreement before most pre-commencement conditions are imposed.
Source: Town and Country Planning Act 1990, section 100ZA: pre-commencement conditions (legislation.gov.uk)
No fee
Discharging a condition on a listed building consent.
Source: Fees for planning applications: applications that need no fee (GOV.UK)
Discharge of conditions costs: common questions
Can I start work while the request is being decided?
Not if the condition says nothing may start until it is discharged. Building early is unlawful and can be enforced against, so wait for the written decision.
Source: Use of planning conditions, planning practice guidance (GOV.UK)
What if the permission has more than three conditions?
Then it needs more than one pack, or a larger fee agreed in advance. We list each condition and its requirement before you pay, so the cost is clear.
Is the council fee refunded if they refuse?
No. The fee is returned only if no decision is made within 12 weeks. That is why the submission has to meet each condition’s wording first time.
Source: Use of planning conditions, planning practice guidance (GOV.UK)
Sources
- Use of planning conditions, planning practice guidance (GOV.UK)
- Planning fees: annual indexation from 1 April 2026 (GOV.UK)
- Fees for planning applications: applications that need no fee (GOV.UK)
- Town and Country Planning Act 1990, section 100ZA: pre-commencement conditions (legislation.gov.uk)
About the author. Ben Shaukat is Managing Director of Property Architecture Ltd, which trades as Planning Drawings.
Published by Planning Drawings. Checked against the sources above on . Planning rules change; check your council before you build.