Discharge of conditions

[DragsterDriver]

How bad is it to start below ground work before conditions have been discharged? I’ve been quoted 8-12 weeks by planning.

 

 

 

Location: Reference:
To discharge Condition 3 (Materials), 4 (Character), 5 (Drainage), 8 (Biodiversity improvements), and 10 (Highway Safety) of decision dated 17/12/2019 for Proposed replacement dwelling. 

[nod]

Your in the same position as we was and are again 

Waiting for discharge of conditions Whilst summer rapidly disappears 

Unfortunately your taking a chance if you do 

Though it’s very unlikely you will receive a visit from planners Though highways may turn up 

[DragsterDriver]

44 minutes ago, nod said:

Your in the same position as we was and are again 

Waiting for discharge of conditions Whilst summer rapidly disappears 

Unfortunately your taking a chance if you do 

Though it’s very unlikely you will receive a visit from planners Though highways may turn up 

that’ll be fine, they can use the new entrance ?

 

it’s just another failing of the system really, would take half hour to check the conditions while I’m living in a static waiting for rain season...

 

I’ll crack on with field drains etc so it’s not a swamp which I reckon is preparing the plot- but what I really need is the piling contractor...

[WWilts]

2 hours ago, DragsterDriver said:

How bad is it to start below ground work before conditions have been discharged? I’ve been quoted 8-12 weeks by planning.

 

 

 

Location: Reference:
To discharge Condition 3 (Materials), 4 (Character), 5 (Drainage), 8 (Biodiversity improvements), and 10 (Highway Safety) of decision dated 17/12/2019 for Proposed replacement dwelling. 

Keep the planner "warm" by saying how prices are escalating and you want to still deliver the dwelling to add to the local housing stock. Offer to be as helpful as possible, inviting any requests for clarification or information. You are Mr. Helpful.

 

Then 4 weeks after your submission of details do something similar.

6 weeks after your submission send a "Deemed Discharge" notice using the prescribed format. Confirm that you have not appealed.

Planner will have 2 weeks in which to respond failing which you will get "Deemed Discharge" automatically. Most planners will ensure that they respond before that happens. Make it easy for them to approve. Provide plenty of convincing info in your submission.

Has been known to work.

[DragsterDriver]

6 minutes ago, WWilts said:

Keep the planner "warm" by saying how prices are escalating and you want to still deliver the dwelling to add to the local housing stock. Offer to be as helpful as possible, inviting any requests for clarification or information. You are Mr. Helpful.

 

Then 4 weeks after your submission of details do something similar.

6 weeks after your submission send a "Deemed Discharge" notice using the prescribed format. Confirm that you have not appealed.

Planner will have 2 weeks in which to respond failing which you will get "Deemed Discharge" automatically. Most planners will ensure that they respond before that happens. Make it easy for them to approve. Provide plenty of convincing info in your submission.

Has been known to work.

The standard 7 weeks 4 days I expect!

[Temp]

I  suppose there is a slight risk of problems with your vat reclaim if they were to investigate because they require the work to be legal. Unlikely though.

 

Make sure you have claimed the CIL exemption and got the paperwork done for that. 

[DragsterDriver]

2 minutes ago, Temp said:

I  suppose there is a slight risk of problems with your vat reclaim if they were to investigate because they require the work to be legal. Unlikely though.

 

Make sure you have claimed the CIL exemption and got the paperwork done for that. 

Yeah- I was very careful around the cil! 
 

[DragsterDriver]

I’m wondering what’s actually at risk- planning being revoked or simply pissing the planner off? Neither of which are ideal tbf.

[the_r_sole]

Submit the information to discharge the conditions, if they don't look at it timeously then that's not your fault.

 

[Pocster]

I had a discharge once .

[LSB]

don't start anything before sending commencement notice re CIL, that's much bigger risk than planning discharge.

And of course that may be an issue with starting before discharge.

 

[WWilts]

6 hours ago, DragsterDriver said:

I’m wondering what’s actually at risk

Your proposed details might be rejected, and something quite different required. (Most planners have bigger decisions to worry about, too busy to go into these details.) If you have spent money installing the rejected details, Enforcement might make you undo the work and follow the new details.

 

That is the worst case scenario. The more likely scenario will be that the planner spends a few mins (between big jobs) looking over your details. Approving them, with caveats where necessary. If they find something seriously objectionable they will let you know.

 

 

[DragsterDriver]

It’s more that the groundwork is to the approved planning permission, and the conditions won’t change anything down there....couldn’t see the harm in it but you know....

[DragsterDriver]

Still not discharged, and it would take them 5 minutes. Shambles.

[Haylingbilly]

I would issue a deemed discharge notice....