Planning Conditions

Your responsibilities

After planning permission is granted, there may still be steps you need to take. Many approvals come with conditions that outline rules and restrictions for your development.

If Planning conditions have been applied to your approval these will limit and control the way in which the development can be carried out.

Conditions are included to make sure the development meets planning rules and is appropriate for the area. These conditions can cover a range of things, such as:

• Telling the council what materials (like bricks or tiles) you plan to use.
• Setting limits on the opening hours of a business, like a restaurant, to avoid disturbing neighbours.
• Providing landscaping plans, such as planting trees or creating pathways.
• Giving details about boundaries, like walls, fences, or hedges.

In addition to conditions, we may include informatives. These are helpful notes that guide you to other permissions you might need. For example:

• A Section 278 Agreement if your project affects a nearby road.
• Building Regulations approval to ensure your construction meets safety standards.

The full list of conditions and any informatives will be included in the officer’s report and attached to your decision notice.

Complying with conditions

After receiving your planning decision notice, it’s important to read it carefully. It might ask you to provide specific information before starting any work on the site, including demolition. If you’re unsure about any details, contact us with your reference number for clarification.

Here’s what to keep in mind about conditions:

• Submitting details: Some conditions require you to send additional information to us and let us know when it’s completed.
• Before starting work: Certain conditions must be met before any development begins.
• While building: Some conditions govern how the work is carried out on-site.
• Before using the building: Other conditions may need to be completed before anyone can live in or use the building.
• Future use: Some conditions control how the finished development can be used or prevent changes without further approval (like removing permitted development rights).

If you believe a condition is unfair, you have the right to appeal. Appeals must be made within 12 weeks for household developments or six months for other types of developments. Be aware that starting work during an appeal could invalidate your planning permission. Contact us if you’d like to discuss this further.

Failure to comply with conditions

Not meeting your planning conditions at the right time can invalidate your permission. For example, starting work on-site before meeting pre-conditions could cancel your approval and result in enforcement action.

If you don’t follow the approved plans or conditions, the following may happen:

• You might have to submit a new planning application, which could mean extra costs, stricter conditions, or even rejection.
• The development could be marked as unauthorised on Land Charge Searches, making it subject to enforcement action.
• You may face difficulties selling or borrowing money against the property.
• The council could issue a Temporary Stop Notice, halting all work on the site.
• You could receive a Breach of Condition Notice or an Enforcement Notice, both of which may involve legal action.

This is not a complete list, so it’s important to carefully follow all conditions to avoid these issues.

Approval of details reserved by condition

If your planning permission or listed building consent includes a condition that requires more specific details about part of your development, you will need to submit an application for approval of details reserved by condition.

This type of application is required to provide information not fully covered in your original application. These details must be approved before you can start the development.

Please note, this application is separate from applying for planning permission or listed building consent.

Confirmation of compliance

Planning conditions and Section 106 / Section 52 obligations

We can confirm whether planning conditions have been met, which can be helpful when buying or selling a property. To request this service, please email our Technical Support team at plan.devcon@stevenage.gov.uk with the following details:

1. The planning application reference number.
2. The number of conditions listed in the decision notice.

Fees

After receiving your request, we will contact you to arrange payment. The fees for written confirmation of compliance are:

• £43 for householder developments (e.g., home extensions).
• £145 for all other types of developments.

Note: These fees are VAT exempt and apply per request and application.

More details about planning fees can be found on the Planning Portal. We aim to respond within 10 working days, though older files stored off-site may take longer.

Section 106 / Section 52 obligations

There is no extra charge for confirming compliance with Section 106 or Section 52 obligations. This information will be included if requested as part of a written enquiry about planning condition compliance.

Why do we charge for this service?

In line with Government Planning Fee Regulations, the council can charge for confirming compliance with conditions. These fees help cover the costs of reviewing application files, and legal documents, and providing a written response.