Completions & Planning · Mandatory · Pre-Construction
Planning Conditions Discharge Record
A register tracking every planning condition attached to a permission through to formal discharge. Covers pre-commencement, during construction, and pre-occupation conditions with trigger stages, discharge application dates, LPA decisions, and compliance status. Breaking ground before discharging pre-commencement conditions is a breach of planning law and the LPA can issue a stop notice.
Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. Town and Country Planning Act 1990 remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.
| Legal basis | Town and Country Planning Act 1990 (TCPA 1990) |
| Pre-commencement | Pre-commencement conditions must be discharged BEFORE construction starts — breach is a criminal offence |
| LPA decision period | 8 weeks from receipt of a valid discharge application |
| Enforcement | Breach of condition is a criminal offence — LPA has enforcement notice and stop notice powers |
| Stop notice | LPA can issue a stop notice halting all work on site immediately |
1. Planning Conditions — The Pre-Construction Legal Obligations That Must Not Be Missed
Most planning permissions include a schedule of conditions that must be satisfied at specified stages — before commencement, before occupation, or within a set period. These conditions are legally binding and form part of the planning permission itself. The development is only lawful if the conditions are complied with.
Breaking ground before a pre-commencement condition has been formally discharged is a breach of planning law. The Local Planning Authority (LPA) can issue an enforcement notice requiring the breach to be remedied, and in serious cases can issue a stop notice halting all work on site immediately. A stop notice takes effect on the date specified — which can be the same day it is served. The financial consequences of a stop notice on a live construction site are severe.
Programme risk
The LPA has 8 weeks to determine a discharge of condition application. If the application is incomplete or the LPA requests further information, the clock resets. Build discharge applications into the pre-construction programme with adequate lead time — leaving it to the last week before planned start on site is a common cause of programme delay.
2. Planning Condition Tracking Record
The following table sets out the information that must be recorded for each planning condition attached to the permission. Every condition must be tracked from identification through to formal discharge or compliance.
| Field | Detail |
|---|---|
| Project reference | Site address, LPA planning reference number, date of permission, applicant name. |
| Condition number | As numbered on the decision notice. Each condition tracked individually. |
| Condition text | Full text of the condition as stated on the decision notice — not a summary or paraphrase. |
| Trigger stage | When the condition must be discharged or complied with: pre-commencement, before slab level, before occupation, within X months of commencement, etc. |
| Action required | What must be done to discharge or comply: submit details for approval, carry out works per approved plan, provide evidence of compliance. |
| Responsible party | Named person or organisation responsible for preparing the submission or carrying out the required action. |
| Programme date | Target date for submission or compliance, aligned with the construction programme. Must allow for 8-week LPA determination period. |
| Discharge application submitted | Date submitted, application reference, documents included. Fee paid (currently £43 per request or £145 for householder). |
| Documents submitted | Schedule of all documents submitted with the discharge application — drawings, reports, specifications, method statements. |
| LPA decision | Approved / refused / partially approved. Date of decision. Any reasons for refusal or additional requirements. |
| Status | Discharged / complied with / outstanding / refused — resubmission required. Current status updated at each programme review. |
| Notes | Any LPA correspondence, pre-application discussions, or issues arising. Record of any variations to the approved details. |
3. Common Mistakes
Not reviewing all planning conditions before construction starts
The full schedule of conditions must be reviewed at pre-construction stage and each condition assessed for its trigger point, action required, and programme implications. Pre-commencement conditions that are missed or overlooked can halt the entire project if the LPA becomes aware that work has started without discharge. This review should be a standing agenda item at the first project team meeting.
Not retaining the LPA’s discharge of condition notices
The LPA’s formal decision notice confirming discharge of each condition is the legal evidence that the condition has been satisfied. These notices must be retained in the project file and be available for inspection. Without the discharge notice, there is no proof that the condition was formally discharged — even if the required action was carried out. This is particularly important on long-running projects where LPA officers may change.
4. Frequently Asked Questions
What is the difference between ‘discharging’ and ‘complying’ with a planning condition?▾
Some conditions require a formal written application to the LPA and the LPA’s written approval before they are satisfied — this is ‘discharging’ the condition. Examples include submitting material samples for approval or providing a landscaping scheme. Other conditions are complied with by doing something — for example, building in accordance with approved drawings or limiting construction hours. These do not require a formal discharge application, but you must retain evidence that you have complied. The distinction matters because a condition that requires formal discharge cannot be satisfied simply by doing the work — you need the LPA’s written confirmation.
What happens if the LPA refuses to discharge a condition?▾
If the LPA refuses a discharge application, it must give reasons. You can amend your submission to address the reasons for refusal and resubmit. There is no limit on the number of resubmissions, but each resubmission restarts the 8-week determination period. If you believe the refusal is unreasonable, you can appeal to the Planning Inspectorate under s.78 TCPA 1990 — but this is a lengthy process and is rarely a practical option on a live construction programme.
Can pre-commencement conditions be discharged retrospectively?▾
Technically, some LPAs will accept a retrospective discharge application for pre-commencement conditions after work has started. However, starting work without discharging a pre-commencement condition is a breach of planning control. The LPA has discretion on whether to take enforcement action, and a retrospective application does not remove the breach — it merely seeks to regularise the position. The safest approach is always to discharge pre-commencement conditions before any work begins on site.
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Get started freeThis guide is for general informational purposes only and does not constitute legal advice. While every effort is made to ensure accuracy, regulations change and individual project circumstances vary. Construction Suite is a trading name of Xzist Digital Ltd, registered in England and Wales.