Part discharge of conditions and the fee per request
Discharge of conditions is charged per request, so bundling matters. How to group conditions, secure a phase-only approval and keep a record a purchaser's solicitor will accept.
A part discharge of conditions application is charged per request, not per condition, which is the single fact that saves self-builders the most money. Bundle six conditions into one submission and you pay once. Send them in six envelopes over six months and you pay six times. The fee is set by the national fees regulations, it is lower where the permission is for householder development, and it has been indexed annually since April 2025, so check the current figure on the Planning Portal fee calculator before you write the cheque.
How the fee is charged per request
The application is formally an application for approval of details reserved by condition, and the fee sits in the Town and Country Planning (Fees for Applications, Deemed Planning Permission and Site Visits) (England) Regulations 2012 as amended. One request covers as many conditions as you list on the form.
Two rates apply. There is a lower rate where the related permission was for householder development, such as an extension to a house, and a standard rate for everything else. Both figures were uplifted in December 2023 and are now indexed each April, so an article figure would be out of date within months. Take it from the current schedule.
A second request against the same permission attracts the fee again, even if the council asked you to split the submission. That is worth knowing before you agree to a phased approach on the officer's suggestion.
Bundling conditions into one request
The practical skill is working out which conditions are ready to be discharged at the same time. A typical minor housing permission carries conditions on materials, boundary treatments, surface water drainage, construction management, landscaping, bin and cycle storage, and electric vehicle charging, and they do not mature together.
Conditions that have to be satisfied before work starts come first, and under section 100ZA of the Town and Country Planning Act 1990 such a condition can only be imposed with the applicant's written agreement, so there should be fewer of them than there used to be. Group them into one request and get them away early.
Conditions that bite later, such as landscaping planting or a management plan for completed units, can wait for a second request without delaying the start on site. Paying twice deliberately, in the right order, beats paying once and sitting on an undischarged condition that blocks the start on site.
| Stage | Typical conditions | Request |
|---|---|---|
| Before any work starts | Materials samples, surface water drainage details, construction management plan, tree protection | First request |
| During construction | Boundary treatments, external lighting, cycle and bin store details | Second request if needed |
| Before first occupation | Landscaping scheme, electric vehicle charging, travel information | Third request or combined with the second |
Discharging a condition for one phase only
On a phased scheme a single condition often has to be satisfied phase by phase, and a well-drafted condition says so. Where it does, you submit details for phase one, the council approves them for phase one, and the condition stays live for the rest of the site.
Where the condition is silent on phasing, the council is entitled to treat it as requiring the whole scheme to be dealt with at once. That is a common sticking point on a site being built out plot by plot. The fix is either an agreed partial approval in writing, which many authorities will give, or a section 73 application to vary the condition wording so phasing is explicit. The section 73 route costs more and takes eight weeks, so it is worth asking the case officer first.
Partial approvals should be recorded clearly. A decision notice that says the condition is discharged, full stop, on a scheme where only phase one was submitted, creates a problem for everyone later.
Condition wording that permits partial discharge
Look at the verb. A condition requiring details to be submitted and approved before any development starts is all or nothing. One requiring details before development starts on each phase, or before the relevant part of the works is begun, allows a phase-by-phase discharge on its face.
If you are negotiating conditions before the decision is issued, this is the moment to ask for the phased wording. Planning Practice Guidance on the use of conditions expects conditions to be precise and enforceable, and vague timing is a frequent cause of argument later. Officers will often accept a redraft at that stage because it costs them nothing.
Once the permission is issued the wording is fixed, and changing it needs a section 73 application or, for a minor change, a section 96A non-material amendment.
The determination period and consultee input
A discharge application runs to eight weeks. In practice the limiting factor is usually a consultee, because drainage details go to the lead local flood authority, highway details to the county, and anything near a listed building to the conservation officer.
Section 74A of the 1990 Act gives a deemed discharge route where the council has not determined the application in time. You serve a deemed discharge notice, and if the council still does not decide, approval is deemed to be given. It does not apply everywhere, because the Development Management Procedure Order 2015 excludes several categories of condition from the route, so check whether your condition is one of them before relying on it.
Most people never need it. Chasing the consultee directly, and sending the officer the consultee's response yourself, usually moves things faster than a formal notice. Our note on getting consultee responses and the officer's case file covers how to do that without annoying anyone.
Getting confirmation in writing
A phone call from the case officer saying the materials are fine is not a discharge. You need the decision notice, listing the condition numbers discharged and the documents approved by title and date.
Check it against what you submitted. Notices that discharge conditions 4, 5 and 7 when you applied for 4, 5, 6 and 7 are common, and condition 6 will surface two years later when your solicitor is trying to sell the plot. Ask for a corrected notice immediately rather than accepting an email explanation.
Where a condition is discharged in part, the notice should say which phase or which part of the works it covers.
Keeping a discharge record for a purchaser
Build the record as you go, because reconstructing it later is miserable. A single table listing each condition number, its wording in short, the request it went in, the application reference, the decision date and the approved document titles will answer almost every pre-contract enquiry a buyer's solicitor raises.
Keep the approved drawings and reports with it, alongside the notices. A buyer who can see the approved drainage details and the discharge notice side by side does not need to ask the council, and that is usually a week saved on the transaction. If fees are the live question for your project, our guide to planning fee exemptions and reductions sets out the cases where nothing is payable at all, and a Planning Statement drafted alongside the conditions schedule keeps the whole submission consistent.
This is general guidance, not legal advice, and fees and procedure should be confirmed with your local planning authority before you submit. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Is the discharge of conditions fee charged per condition?
No. It is charged per request, so one submission covering several conditions attracts a single fee. A separate later request attracts the fee again. There is a lower rate where the parent permission was for householder development. The figures are indexed each April, so take the current amount from the published fee schedule rather than an older article.
Can one condition be discharged for a single phase only?
Yes, where the condition is worded by phase or by part of the works. Where it is silent, the council may require the whole scheme to be submitted at once. Many authorities will give a written partial approval instead, and a section 73 application can add phased wording if they will not.
How long does a discharge of conditions application take?
The statutory period is eight weeks. Consultee responses are usually what sets the real timetable, particularly drainage details sent to the lead local flood authority and highway details sent to the county. Submitting complete details, with the consultee's own checklist answered, is the most reliable way to avoid a second round.
What is deemed discharge of a condition?
Section 74A of the Town and Country Planning Act 1990 lets an applicant serve a deemed discharge notice where the council has not determined a discharge application in time, after which approval can be treated as given. Several categories of condition are excluded by the Development Management Procedure Order 2015, so check before relying on it.
Why does a written discharge notice matter so much?
Because a purchaser's solicitor will ask for it, and an officer's email is not a decision. The notice should list the condition numbers discharged and the approved documents by title and date. Check it against your application, since notices that omit one condition number are common and surface years later during a sale.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.