Discharging planning conditions

It is not uncommon for planning authorities such as Oxford city Council or West Oxon DC to attach long lists of conditions to a planning consent. Some of these may be pre-commencement conditions, which must be discharged before construction can start.

KD Design can prepare the necessary technical details and submit applications on your behalf. Common requirements include:

• Tree and root protection measures

• Schedule of external materials and physical samples

• Landscaping design and layouts

• Foul and Surface water drainage design

• External lighting design (and ecological impact)

• Ecological enhancements, bat mitigation plans, bird boxes or hedgehog access points

A decision by the local authority is usually reached within 6-8 weeks.

Removal or Variation of Planning Conditions

Sometimes it’s necessary to make changes to a planning condition. Common reasons include:

• Design Changes - You may decide to alter the design of the property after planning permission has been granted — for example, adjusting window positions, changing roof materials, or modifying extensions. These changes are recorded by amending the planning condition that refers to the approved plans. The reference is then updated to your revised plans, ensuring the permission matches your updated design.

• Material Choices - Planning conditions often specify materials (e.g. brick type, roof tiles). If the specified material is no longer available, or you prefer an alternative, a change may be required.

• Construction Practicalities - Some conditions prove impractical or unnecessarily restrictive once detailed construction plans are drawn up. A variation can make the build more workable.

• Site Constraints - Issues identified during surveys (such as ground conditions, drainage, or trees) may require changes to the approved plans or construction methods.

• Regulatory or Safety Updates - Changes in Building Regulations, environmental standards, or health and safety requirements can make the original condition unworkable.

• Project Timeline - Some conditions limit when works can begin (“pre-commencement conditions”). If these are too restrictive, they may need to be varied to avoid delays.

How Changes Are Made

Variations or removals are carried out under Section 73 of the Town and Country Planning Act 1990. This involves submitting a Section 73 application to the local authority i.e Vale of White Horse District council or South Oxfordshire district council. The application should include:

• Relevant plans and supporting details

• A description of the proposed amendment

• The application fee

In some cases, the local planning authority may re-consult with neighbours or statutory consultees like the county Tree Officer or Ecologist. The authority will confirm if this is required when registering the application.

A decision should normally be issued within 8 weeks (or 13 weeks for major applications). Approval results in a new planning permission being granted alongside the original, which remains valid. The new decision notice will set out which conditions continue to apply and any new or amended conditions.

How KD Design Can Help

KD Design can prepare and manage variation or removal of condition applications on your behalf. We will:

• Coordinate and organise the necessary information

• Prepare and submit the application to the local authority

• Keep you informed of progress throughout the process

This ensures your project stays on track and avoids unnecessary delays.

If you’d like to hear more about us or to discuss how we can assist with your project please get in touch.