Development shall not commence until submission and implementation of a remediation scheme for gas protection measures

[Kal123]

Hi, I've just been granted planning permission for a kitchen extension (7 x 5m) to our 1970's detached house. We included a number of internal alterations and exterior remodelling within the application. Our planning permission includes the below condition. I have 2 questions:

 

1. Can we begin the non-excavation works (ie. internal alterations and some of the exterior remodelling) prior to discharging this condition? That would save us about 8 weeks waiting time...
2. How do we fulfil part 2 of the condition without commencing development?

 

Thanks in advance for any guidance 

 

Quote

Unless otherwise agreed by the Local Planning Authority, development shall not commence until the requirements of sections 1-2 (below) have been complied with as necessary:

1) Submission of a Remediation Scheme

A detailed site-specific remediation scheme (in accordance with the requirements of BS8485:2015+A1:2019 for gas protection measures suitable for a Characteristic Situation 2 gas regime) to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health shall be submitted to, and approved in writing by, the Local Planning Authority prior to the commencement of any development work on site. The approved scheme must ensure that the site will not qualify as contaminated land under Part IIA of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

2) Implementation of approved Remediation Scheme

The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development of the construction of the extension, hereby approved, unless otherwise agreed in writing by the Local Planning Authority. Following completion of the approved scheme, and prior to the first occupation of the development, a verification report (in accordance with CIRIA C735 for verification of gas protection measures) that demonstrates the effectiveness of the remediation carried out must be submitted to, and approved in writing by the Local Planning Authority. Reason - To ensure that the risk to buildings and their occupants from potential landfill or ground gases are adequately addressed and in accordance with Policy PP27 of the Poole Local Plan (November 2018). 

 

More info from the case officers report

 

Quote

The proposed site is within an area that was previously subject to a site investigation under Part 2A of the Environment Protection Act 1990. The investigation concluded, on the basis of the assessment carried out, that the site did not meet the definition of contaminated land under Part 2A of the Environmental Protection Act (EPA) 1990. However, the Written Statement stated “The assessment is of the site in its current layout and based on its current use. Any future change of use, of further or additional development at the site will be subject to further specific assessment which should be discussed with ECPS at that time”. The construction of extensions to the existing property will change the layout of the site that was previously assessed in the site investigation and therefore have the potential to create new preferential pathways for ground gas migration. A contamination report has been provided by the agent which advises that it is proposed to install a Visqueen Ultimate HC Block membrane within the extended floorplan, lapped and linked to the existing DPM and to run under the floor, through the walls and across the cavities. The Council's Environmental Health Officer, however, has advised that no other gas remediation measures are proposed in the report, therefore the proposed remedial design would not be sufficiently protective for the proposed development. It has therefore been advised that a detailed remedial design proposal incorporating suitable protection measures for a precautionary Characteristic Situation 2 gas regime classification as set out in BS8485:2015+A1:2019 and CIRIA C665 would be required.

 

Edited October 3, 2023 by Kal123
additional background info provided

[MikeSharp01]

There is nothing to meet in condition 2 until you come to occupy - it says you must complete the remediation to the appropriate standard that is all - as I read it. The word 'development' may be your friend here - preparation is not development so you can prepare but don't do any development until you have had the survey, got the results, prepared a mitigation scheme (if any is needed) and had it signed off. I can't see them letting you commence the project, formally - as in record it on their database and stop the clock on permission time out, until you meet the requirement anyway.

 

PS Welcome to the forum.

[DevilDamo]

Any works you carry out that would require Planning would usually be considered as development. Otherwise, you could just say the external changes can be done via PD. And the majority of internal changes do not require Planning either.

 

Prior to commencement, you need to submit and receive approval for the information relating to Part 1. Prior to occupation/completion, you need to submit and receive approval for the information relating to Part 2. You therefore have to approach and deal with them in chronological order.

[Kal123]

Thanks @MikeSharp01 and @DevilDamo - that helps

 

So just to be clear, I could go ahead with things like a new front driveway, front porch, internal alterations and so on, but not the extension itself until I have approval for Part 1. But preparation for the extension (ie. digging foundations), might be ok to start sooner?

 

PS. I have asked Planning to give me a call to see if they would accept and signoff the plan from our verification specialist without having to go through the formal 8-week discharge process. Do you think they would consider that or will they be very strict about this? 

[DevilDamo]

The new driveway and porch would ultimately result in some excavations and reduced level digs. So in Planning terms, it would be deemed as development and you cannot therefore commence work on those elements without formally discharging the relevant conditions. If however there was a PD fallback position for the driveway and porch, then you could argue those elements can be carried out without formally notifying the Council and therefore without any gas remediation information.

 

Information requested that forms part of a condition has to go through a formal determination process, which will include an application form, fee and determination period of up to 8 weeks. You cannot bypass that formal process.

[saveasteading]

The priority must be to present a proposal for gas protection.

Otherwise any prep work may be pointless when you have to stop.

The wording you give in the title doesn't say to wait for approval, but perhaps it is elsewhere.

[DevilDamo]

21 minutes ago, saveasteading said:

but perhaps it is elsewhere.

 

[saveasteading]

OK, as expected and as ig should be.

So do you have a proposal?

 

Are we looking at methane? It's just a heavyish polythene but any difficulties are likely to be at junctions to the existing.

Plus sometimes needs venting , which is basically a perforated pipe with gravel round it.

 

The bco may need expert assessment even if you don't, so it may take some time. This is your priority.

[Kal123]

Ok thank you all for clarifying. We do have the remediation scheme in hand and I’m not looking to cut corners, just if anyone was aware of an appropriate way to speed things up.