Discharge of Planning Conditions

To discharge a planning condition means to formally satisfy a requirement attached to a planning permission. Conditions often require submission of further details — such as materials, drainage layouts, access arrangements, or landscaping plans — which must be approved by the local authority before development can commence or continue.

Conditions are typically discharged:

• Before development starts (pre-commencement conditions)
• Before occupation or use of the development (pre-occupation conditions)
• During or after development (monitoring, maintenance, or post-completion conditions)

Failing to discharge them properly can make development unauthorised and subject to enforcement action.

Your decision notice will set out all conditions. Many will include words such as “details shall be submitted to and approved by the planning authority.” These require a formal Application for Approval of Matters Specified in Conditions (AMSC) or a discharge of condition submission, depending on the context. We help interpret the conditions and advise on which ones require formal approval.

Starting work without discharging a pre-commencement condition is a breach of planning control and may render the permission invalid. This can lead to enforcement action, stop notices, or the need to reapply. We help ensure all relevant conditions are discharged properly and in the correct order.

No. Conditions can often be discharged individually or in phases, depending on the nature of your development. We work with you to develop a condition discharge schedule aligned with your project timeline and phasing.

This depends on the condition but may include:

• Technical drawings or layout plans
• Drainage and SuDS reports
• Landscape and planting schemes
• Ecology or tree protection details
• Materials samples or schedules

We coordinate with technical consultants where required and ensure submission packages meet local authority standards.

Planning authorities in Scotland typically have 8 weeks to discharge conditions. However, timeframes may vary depending on complexity and whether additional information is requested. We manage the process to minimise delays.

Yes, if the submitted information does not adequately meet the condition's requirements. In such cases, we revise and resubmit the necessary details, and where appropriate, challenge unreasonable requests or seek clarification to avoid ongoing delays.

Yes, in some cases. If a condition is outdated, unachievable, or unreasonable, we may advise submitting a Section 42 application to vary or remove it. We assess whether this is an appropriate route and support the case with strong planning justification.

Yes — we assist clients across all Scottish planning authorities, with extensive experience discharging conditions in both rural and urban developments. Whether you’re building a rural home or a complex commercial scheme, we can help.

Fees vary depending on:

• The number and complexity of conditions
• The level of technical input required
• The planning authority and timescale

We offer fixed-fee pricing for simple conditions and bespoke quotes for multi-condition, multi-phase or strategic projects. Contact us to discuss your requirements.