Discharging conditions in an occupied house

March 7, 2023 by Matthew B in forum Planning Forum

#1515 Matthew B, 7 March 2023, 20:09

Hi all, recently selling a self build dwelling that I've lived in for 6 years. It's only now as I'm trying to sell it after the buyers solicitors enquiries that we've found out the conditions were never discharged. There is an application in 2015 on the councils website showing all the supporting information to have them discharged but the status of it still shows unknown. I've now had to pay £116 to the council again to research into it. Does anyone know how long this stuff takes? Is it another 8 weeks? What could the likely outcome be? I am very worried about this now. Thank you

#1516 Damian, 8 March 2023, 22:48

How are the conditions worded… pre-commencement, pre-occupation? If they do include similar wording, then technically the conditions can never be formally discharged. If there were no time limits on the conditions, then formally discharging them would require a Discharge of Conditions application, which attracts a fee and a determination period of approx. 8 weeks.

#1517 Matthew B, 9 March 2023, 11:11

"no development shall commence". An application was put in for discharge of conditions around the same time planning permission was granted but the council never come back with a decision and the website says unknown. Im just worried about the outcome of this. I've lived in it for 6 year!

#1518 Damian, 10 March 2023, 19:05

Why are you now suddenly worried about it?

You may find this of some use… https://www.cheltenham.gov.uk/info/45/planning_enforcement/708/planning_compliance_-_discharging_conditions/4

#1519 Matthew B, 11 March 2023, 08:22

I'm worried because I can't sell it untill the conditions are discharged as the buyers solicitor wants proof. Now I've contacted my council about it I don't know what the outcome will be. I'm thinking the worse like it's all been built with void planning and they will enforce taking it down.

#1520 Damian, 11 March 2023, 08:36

You will not be able to formally discharge the conditions. You’ll just have to wait to see what response you got. Maybe should have kept on top of it at the right time.

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