PP with conditions - do I need to submit section 73 form?

[JennyDevon]

Hi,

 

Do I need to submit a section 73 form with samples of the materials to be used on the roof, walls and windows?

 

We have full pp with conditions:

Notwithstanding the submitted details, details of the materials to be used for the exterior cladding, the windows and roof lights to include profiles, materials and finishes shall be submitted to and approved in writing by the Local Planning Authority prior to their installation. The works shall be carried out in accordance with the approved details. For the avoidance of doubt uPVC is not an acceptable material for the windows.

 

The approved drawings include the following:

EXTERNAL MATERIALS / FINISHES FOR THE PROJECT

ROOF: Slate / Single ply to flat

WALLS: Render and cladding.

DOORS/WINDOWS: Aluminium / upvc to match existing

RAINWATER: P.V.C. to match existing

 

Thanks in advance for any help

[kandgmitchell]

No, a section 73 application is to either vary a condition or have it removed. Instead you'll be applying to discharge the condition, i.e demonstrate that you have complied with what the permission required you to do. A different animal.

 

So it'll be pictures of the material being used, manufacturers literature, colours and in the case of the windows and roof lights, cross section details (probably available from the manufacturers website). Obtain samples if need be. Submit your application with the fee. Get a reference for the application and add that to any physical samples and drop them off (Council's don't seem so keen as they used to about physical samples). Remember, if you have other pre-commencement conditions to discharge, then do them all at once as there is a fee per application but you can lump several conditions into one discharge application.

 

They are obviously not keen on uPVC so it's something else for the windows!

[Temp]

+1 

 

When we built in 2007 you just applied to discharge the condition. Back then this just required a letter with the fee. The fee is per request not per condition. So it can pay to "save up" conditions and request to discharge them all at once rather than individually.

 

When we applied to have them discharged the PO disagreed we had met one condition and wrote back to say that conditions 1 to 4 were discharged but condition 5 was not discharged. We made changes and reapplied to have condition 5 discharged which needed another fee. 

[Jilly]

Ps some conditions need discharging and some just need adhering to (such as working hours). Some are a grey area, such as the vision splay. Councils seem to vary in their interpretation and requirements.

[kandgmitchell]

The OP's is a definite "do this before then" type and must be discharged. But agree there is little consistency across LA's

[Post and beam]

Last month i paid to discharge 2 of the 10 conditions at once. One fee due at this point.  I expected to have to provide physical objects to the county planning office but was told that photo's and brochures would suffice.  Very occasionally they ask for the physical apparently, but its now rare. Good luck.

My second condition was the archeaolagy plan and this definitely needs to be discharged before i can get the trenches dug.