Development management answers: No fee required for prior approval conditions discharge

Q Under part 3, schedule 2 of the General Permitted Development Order 2015, prior approval can be granted subject to conditions. For applicants applying to discharge such conditions, is the procedure the same as for a standard planning permission in terms of the fee payable and the time limits involved? NP

A Although prior approval is often given subject to conditions, including in appeal decisions, surprisingly there seem to be no legislative provisions relating to them. Regulation 16 of the Town and Country Planning (Fees for Applications etc) Regulations 2012, which sets a £28 fee for discharging conditions on householder applications and £97 for other categories, only relates to conditions imposed on planning permissions. I would not consider a prior approval to be a planning permission. Thus, as far as I can see, no fee is payable. Article 27(3)(b) of the Development Management Procedure Order 2015 specifically excludes article 27, which relates to applications for approvals under conditions, from applying to prior approval submissions. Also, I cannot find any procedure for appeals against refusal or non-determination. So if a condition requiring a subsequent approval is imposed on a prior approval, it would seem that arrangements for dealing with it would have to be pursued on an informal basis. John Harrison

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