Planning Appeals
You may appeal to the Secretary of State, where:
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planning permission has been refused,
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an application was granted with conditions considered inappropriate,
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an application was not determined within the appropriate time.
You may also appeal against an Enforcement notice served due to an alleged breach of planning control.
Appeals are made to the Secretary of State in England and are administered by the Planning Inspectorate. View for more information about how to appeal a decision.
For third parties wishing to view and comment on an appeal, comments will need to be made to the Planning Inspectorate. View for the Planning Inspectorate’s Portal.
Discharging of Planning Conditions
Planning conditions are often applied to the grant of planning permission. They can also be applied to other approvals including listed building consent. Conditions will limit or control the way that the permission or consent can be implemented.
The discharge (approval) of a planning condition involves a formal application process where details relating to an approved development can be considered and a decision made about whether the details are acceptable.
It is important to read the decision notice before any works starts on the development because there are often matters that need to be agreed before you can start. To gain approval for the additional information a conditions requires, you will need to provide details about the condition itself and how you intend to meet the condition. You will also need to pay the appropriate fee:
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Householder development - £34
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Any other type of development - £116
These fees are set nationally and do not apply to conditions relating to listed building consent.
It is recommended that you apply online through the planning portal. Alternatively, you can search and find paper forms to download and submit by emailing planning@southkesteven.gov.uk.
Once we receive your valid conditions application, it should take up to 8 weeks to determine the application.
If you start works without first agreeing the required details with the Council, we may decide that your development is unlawful and you could be subject to enforcement action.
There is a separate process available for the removal or variation of conditions; this can be used if you believe that the conditions are no longer applicable or would be more effective if they were varied. View for more guidance about varying or removing a planning condition.
S106 Legal Agreements
A section 106 (S106) agreement is a legally binding agreement or “planning obligation” between the local planning authority and a property owner. The purpose of a S106 agreement is to mitigate the impact of a development on the local community and infrastructure.
If your application is subject to a S106 agreement it is important that you comply with the terms of that agreement.
If you have any questions about how to comply with your obligation, please contact our Infrastructure Delivery Officer by emailing planning@southkesteven.gov.uk.
If you wish to make an application to modify or discharge a S106 agreement you will need to download and complete the application form and return it to planning@southkesteven.gov.uk. Any application must be accompanied by the appropriate fee:
- Variation or modification of a completed planning obligation (as a standalone application) (additional fees will be required to cover the Council’s legal costs) - £150 including VAT.
Making Changes to your Planning Permission
It is sometimes possible to make changes to your planning permission after it has been approved.
Some amendments to planning permission may be treated as non-material minor amendments. There is no definition of what a “non-material” amendment is because it is dependent on the proposed change in the context of the overall scheme.
Other amendments might need to be treated as “material minor amendments” that need a new application under S73 of the Town and Country Planning Act.
You can find more information on flexible options on the Government webpage. Their summary comparison table provides help on minor material amendments and S73 applications.