Updated March 2024

Most planning permissions are granted subject to conditions that control aspects of the development. Conditions can cover a wide range of issues, for example, they may require the submission of further information for approval, such as the building materials, or might restrict the hours of opening.

Why are conditions imposed?

Conditions should only be imposed to ensure that the development can take place where otherwise it would have been necessary to refuse planning permission or to ensure that the development proceeds, or is used, as planned.

Acceptability of conditions

All conditions need to comply with six ‘tests’ to ensure that they are:

• necessary
• relevant to planning
• relevant to the development to be permitted
• enforceable
• precise 
• reasonable in all other respects

Conditions should not be imposed if they don’t meet all these requirements.

Conditions that ask for further details to be submitted and approved by the local authority are worded to ensure compliance at a certain stage of the development. Typically this will be pre-commencement of the development, or at another stage, such as prior to completion or first occupation.

A local authority must justify and include reasons for the use of all conditions while pre-commencement conditions should only be used when agreed with the applicant.

Varying or removing conditions

An application can be made to the local authority to vary or remove a condition. Such an application can be made at any time.

Alternatively, should planning permission be granted subject to a condition that the applicant believes does not meet the six tests, an appeal can be made. The appeal must be received within 12 weeks for householder or six months for other planning decision types. At appeal, the whole application will be reconsidered afresh, not only the decision to impose condition(s).

Complying with conditions

If a condition requires a submission to the local authority to discharge its requirements a formal application must be made. Multiple conditions can be dealt with as part of the same application.

The local authority should respond to requests to discharge conditions within a period of eight weeks (or, in the case of Environmental Impact Assessment development, 16 weeks).

If a condition is not complied with the local authority can take enforcement action and is able to issue a breach of condition notice. This will require the violation to stop and there is no right of appeal. Should there be a failure to comply with the notice it can result in legal action.

Further information

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