Planning condition not been met but work started.

[Barryscotland]

Recieved this today.

 

We have received Notice of Initiation of Development for the above proposed development stating works were started on the 10^th of April 2021. Please be advised that condition 6 is suspensive and as such required the submission of satisfactory details prior to commencement. Development should therefore not have begun until the following matter was addressed:

 

6. Prior to the commencement of the development hereby approved, details of the extension of the existing footway to the south west of the site to meet the vehicular access into the development site shall be submitted to and approved in writing by the Planning Authority.  The detail shall ensure that the footway continues along the frontage of the application site meet the vehicular access for the development.  The footway shall match the width of the existing footpath and shall be designed to a specification to the satisfaction of the Council as Planning Authority.  The details, as approved in writing, shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier.

 

Please submit this information within 14 days of the date of this correspondence. This should be submitted via the e-planning website as a post submission document or alternatively by email to developmentmanagement@pkc.gov.uk.  Please note that there is now a fee of £100 for condition discharge and that this is applicable to each submission, so it is in your interest to submit everything in one go. Payment can be made via the e-planning website or alternatively by calling the Councils Customer Service Centre on 01738 475300.

 

Failure to submit the required information and payment within the 14 days given may result in formal enforcement action.

 

Thank you for your attention in this regard.

 

Yours sincerely,

 

 

Nothing has been done with regards to this yet as the area they want a footpath (there has never been a footpath there before ever) is wider than our driveway (pillar either side) so we have been using it as access for lorries. We where planning on doing the pavement and taring the bellmouth once the build was finished which it is bar landscaping but still could do with the wider access for aggregate deliveries.

 

I now realise work should of been done before or tried to get an ammendment to the condition but never really read the planning or building warrant bits, left it to the architect. 

 

Is it something that I could try to get a postponement on or does it have to be done asap? Should I phone planning yto explain or leave it in the hands of the architect. 

[bassanclan]

It reads to me like they want the DETAILS of the footpath, not that they want it installing prior to commencement.

 

A drawing and specification is what they want

[saveasteading]

Yes that seems clear and is normal. A drawing and spec, in sufficient detail for the highways Engineer to assess and accept.

So the acknoeledgement seems to be for the record, but you wont be considered as started yet.

The 14 days is punitive, but it should only need a couple of hours design and a nice letter to go with it.

It seldom hurts to be polite, so i would probably email the officer to apologise (if your architect told you, you must have misunderstood) and say if you will comply/ be a bit slow...and is that ok?