If you have been given permission subject to conditions these may require discharging prior to development commencing.
If you do not agree with the decision you have been given you can Appeal against a decision to the Planning Inspectorate.
If permission has been granted and you wish to make minor alterations to the scheme i.e. resizing of a window, you can apply for a non-material minor amendment.
The majority of planning permissions have conditions attached. Some conditions require approval by the council before any development takes place, others can be discharged during the course of the development. All conditions relating to a planning permission can be viewed on the decision notice.
To discharge condition(s) you will need to submit either an application form or a letter and a fee. The fee is payable for each request and not for each condition. Therefore if an application is made for the discharge of all the conditions at once, only one fee will be charged. However, if details are submitted for each condition separately, they will be counted as separate requests and a fee will be required each time.
Discharge of conditions in respect of other developments
Discharge of conditions in respect of Householder developments
There will not be a fee for discharging conditions on Listed Building Consents. However, if a request involves discharging conditions for both planning and listed building consent a fee will still be payable for discharging conditions on the planning application.
Providing the details submitted give sufficient information to identify the permission and include the required documents to deal with the application, the Council has 8 weeks to respond to your request. At any time after 6 weeks following the receipt of the application, you can serve a "deemed discharge notice" to the Council. The deemed discharge notice must:
If the details are not determined within 8 weeks you have a right of appeal to the Planning Inspectorate.
If we have not responded to your request within 12 weeks then we are obliged to return your fee.
The deemed consent provisions do not apply to all planning permissions or all types of conditions. The exemptions are set out in article 30 and schedule 6 of the DMPO.
Where there is a written agreement between the applicant and the Sedgemoor District Council, as to an extension of time, the condition is also exempt.
Following a grant of planning permission, it may be necessary to make amendments to the permission. If the alterations are considered to be 'non-material' then you can apply for a 'non-material amendment' to the original application as set out below.
Whether or not a proposed amendment is non-material will depend on the circumstances of the case - a change which may be non-material in one case could be material in another. There is no statutory definition of non-material although Government Legislation states that when deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made through non-material amendments, on the planning permission as originally granted.'
To grant a non-material amendment the Council must be satisfied that the amendment sought would not materially alter the development as approved.
If the proposal is 'material' you may have to apply to vary the approved plans or other relevant condition (for further information on this please see Removal or variation of conditions), or if the scale of alteration is too great to be considered an amendment then you may have to submit a revised scheme.
Further information about non-material amendments can be found at Planning Practice Guidance: Making a non-material amendment to a planning permission.
If you are uncertain as to whether your amendment would be material, non-material or require a revised scheme you may wish to seek pre-application advice. You can contact the Planning Duty Officer (available 9:00am to 1:00pm) or the Case Officer by ringing Sedgemoor Direct on 0300 303 7805.
Applications in respect of other developments
Applications in respect of householder developments
This application can be used if, under a previous planning permission, a condition was imposed that you wish to be amended or removed entirely.
To remove or vary a condition attached to a grant of planning permission you will need to submit an application form and relevant supporting information for each condition that you want to be varied or removed. Please review the validation checklist before submitting your application form to ensure that we are able to process your application as soon as possible.
The fee for the variation or removal of a condition is £195.
If you are unsure about which documents you are required to submit, you can contact the Planning Duty Officer (available 9:00am to 1:00pm) or the Case Officer by ringing Sedgemoor Direct on 0300 303 7805.