Retrospective discharge of conditions

[Biggedybiggedybongsoitis]

Hi All,
We have a few conditions on our recently approved planning application, one of which is the window type.
We know what window type is required (roughly!) but we need to order them soon to avoid major delays in the build.
The problem is that the planning dept here take forever to decide things, so much so that they will wait until the last day before the 8 weeks is up and ask for more info...delaying a further few weeks.

So, my question is: Can build continue and can we discharge the conditions retrospectively ie. can we choose the windows they have agreed 'in principle', fit them and then worry about it later?

Hope to get some opinion

 

[tony1851]

It depends on the wording of the condition, but generally, conditions such as showing samples of materials etc do not go to the 'heart' of a planning permission, and can be dealt with retrospectively.

(It would be different if the condition was, for example, 'no development whatsoever shall be carried out until the design of the windows has been approved etc etc...' In that case, it is called a 'condition precedent', and not complying with it would render the whole planning permission invalid, and the development unlawful).

 

[cjard]

It depends on the wording of the condition

It is not for the planning department to decide whether a condition "goes to the heart" by wording it in a specific way. See
http://planninglawblog.blogspot.co.uk/2011/07/conditions-precedent-important.html
and
http://planninglawblog.blogspot.co.uk/2011/01/lawful-implementation-of-planning.html

Biggidy, if you're after a qualified legal opinion on the matter, you might consider hiring Mr Goodall's services?