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Planning applications

Discharge of planning conditions in Bournemouth

Discharge of planning conditions in Bournemouth starts with BCP Council, and the same work runs for other councils in England. Permission granted is not permission implemented. Pre-commencement conditions have to be discharged before you start, and a scheme that has drifted from the approved drawings needs regularising before someone notices.

Discharge of conditions
Formal approval of details reserved by condition, before or during build
Section 73
Application to vary or remove a condition, creating a new permission
Section 96A
Non-material amendment, for genuinely minor changes
Decision period
8 weeks for discharge, 28 days for non-material amendments
Council fee
£89 householder and £309 other for discharge, from 1 April 2026

Discharging conditions

Most permissions arrive with conditions attached. Some are simply informative. Others require details to be submitted to and approved by the Council before development begins, or before occupation. Materials, drainage, landscaping, construction management, contamination, ecology mitigation, boundary treatments.

A pre-commencement condition is the one that bites. Start on site without discharging it and you have not lawfully implemented the permission at all. On a permission approaching its three year expiry, that can mean the permission lapses while you believe you have built out under it. It is a genuinely serious failure mode and it happens regularly.

  • We read the decision notice and tell you which conditions are pre-commencement and which are not
  • We identify what each condition actually requires, which is often less than people assume
  • We prepare and submit the discharge application, with the right documents attached
  • We chase the Council, because discharge applications sit in queues

Section 73: varying a condition

Section 73 of the Town and Country Planning Act 1990 lets you apply to develop without complying with a condition, or subject to a different one. In practice it is how most minor scheme changes are made after permission, because the approved drawings are usually tied in by condition.

Two things to understand about it. First, a section 73 grant is a new planning permission that sits alongside the original, so you end up with two live permissions and need to be clear which one you are building under. Second, the Council can only consider the condition in question, not reopen the principle, although it can impose different conditions on the new permission.

Section 96A: non-material amendments

For genuinely minor changes, a non-material amendment under section 96A is the cheapest and quickest route: 28 days, and a modest fee. There is no statutory definition of non-material, and Councils vary in how generous they are. A window moved, a material substituted, a minor dimensional change. A storey added is not, whatever the applicant would like.

Built it slightly differently already?

This is extremely common and usually fixable. The route depends on how far it has drifted: a section 96A if it is genuinely minor, a section 73 if the approved drawings need replacing, a fresh application if the scheme has changed in substance. What does not work is doing nothing and hoping. Unauthorised work does not become lawful for ten years now, and it surfaces at the point of sale.

What we do

  • Audit the decision notice and tell you exactly what has to happen before you start
  • Recommend the right route: discharge, section 73, section 96A or a fresh application
  • Prepare and submit, with the supporting information the condition specifies
  • Negotiate conditions that are unreasonable, unenforceable or fail the six tests in national policy
  • Deal with breach of condition allegations before they become enforcement notices

Conditions that should not have been imposed

National policy requires conditions to be necessary, relevant to planning, relevant to the development, enforceable, precise and reasonable in all other respects. Plenty of conditions imposed on small schemes fail at least one of those tests. A condition removing all permitted development rights on a single infill dwelling, for example, is frequently imposed and frequently unjustified. These are worth challenging, either at the time or later under section 73.

Questions people ask about conditions

How long is my permission valid?

Three years from the date of the decision for most full permissions, unless a different period is stated. You have to lawfully commence within that period, which means carrying out a material operation and having discharged any pre-commencement conditions first. Once lawfully commenced, the permission does not expire.

What counts as commencement?

A material operation: digging foundations, laying out a road, demolition in some cases. A token trench dug on a permission with undischarged pre-commencement conditions does not commence anything, because the operation is not authorised. This is where permissions are lost.

The Council is taking months to discharge a condition. Can I start?

Not on a pre-commencement condition. You can apply for a non-determination appeal if the Council fails to determine the discharge application in time, and in some cases the better answer is a section 73 application to reword the condition so it bites later. Talk to us before you start on site.

Can I remove an affordable housing or occupancy condition?

Sometimes, under section 73, where circumstances have changed materially or the condition is no longer necessary. Agricultural occupancy conditions in particular are removable where the need no longer exists and the dwelling has been marketed without success. It is an evidence exercise.

Related pages

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