Conditions to be satisfied prior to start

[Post and beam]

 

Our planning permission has 16 conditions attached. it is/was my understanding that they all had to be satisfied prior to putting a spade in the ground. 'Prior to start' sort of being the whole point of them.

But, and this is my question of those that have been here before me....

Some of them are not able to be satisfied before hand and i wonder how others have navigated this. I have e mailed the planning dept for clarity. They are not very responsive.

#3 & #4 are satisfied.

Conditions:

1. The development to which this permission relates shall be begun within a period of three years commencing on the date of this notice. Reason To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (As Amended).

 

2. The development hereby approved shall be carried out in accordance with the approved plans listed at the end of this Decision Notice. Reason To ensure the development is carried out in accordance with the approved plans, drawings and specifications.

 

3. Prior to any above ground construction works being commenced, the external materials of construction for the development hereby permitted shall submitted to and approved in writing by the Local Planning Authority, and thereafter the development should be implemented in accordance with the approved details. Reason In the interests of amenity and good design in accordance with Policy DES4 of the East Herts District Plan 2018.  

 

4. No development shall take place within the proposed development site until the applicant, or their agents, or their successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to the planning authority and approved in writing. This condition will only be considered to be discharged when the planning authority has received and approved an archaeological report of all the required archaeological works, and if appropriate, a commitment to publication has been made. Reason: The programme is required to be undertaken prior to the commencement of the development to secure the protection of and proper provision for any archaeological remains in accordance with Policies HA1and HA3 of the East Herts District Plan 2018 and the National Planning Policy Framework.

 

5. Prior to the commencement of development hereby approved, detailed plans showing the existing and proposed ground levels of the site relative to adjoining land, together with the slab levels and ridge heights of the proposed buildings, shall be submitted to, and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. Reason The details are required to be approved prior to the commencement of development to ensure that the development is properly related to the levels of adjoining development in the interests of neighbour amenity and good design in accordance with Policy DES4 of the East Herts District Plan 2018.

 

6. Prior to the commencement of development hereby approved, details of the design and construction of the dwelling to demonstrate how the design, materials and operation of the development minimises overheating in summer and reduces the need for heating in the winter to reduce energy demand and reduces water demand, in addition to how carbon dioxide emissions will be minimised across the development, taking account of all levels of the energy hierachy, shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details. Reason To adapt to climate change, reduce carbon emissions and efficiently use water resources in accordance with Policies DES4, CC1, CC2, CC3 and WAT4 of the East Herts District Plan 2018.

 

7. All existing trees and hedges shall be retained, unless shown on the approved drawings as being removed. All trees and hedges on and immediately adjoining the site shall be protected from damage as a result of works on the site in accordance with BS5837: 2012 Trees in relation to design, demolition and construction, or any subsequent relevant British Standard, for the duration of the works on site and until at least five years following contractual practical completion of the approved development. In the event that trees or hedging become damaged or otherwise defective during such period, the Local Planning Authority shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that any tree or hedging dies or is removed without the prior consent of the Local Planning Authority, it shall be replaced as soon as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Authority. Reason To ensure the continuity of amenity afforded by existing trees and hedges, in accordance with Policy DES3 of the East Herts District Plan 2018. APPLICATION NUMBER – 3/22/2639/FUL APFULZ

 

8. Prior to first occupation of the development hereby approved, details of landscaping shall be submitted and approved in writing and shall include full details of both hard and soft landscape proposals, finished levels or contours, hard surfacing materials, retained landscape features, planting plans, schedules of plants, species, planting sizes, density of planting and implementation timetable and thereafter the development should be implemented in accordance with the approved details. Reason To ensure the provision of amenity afforded by appropriate landscape design in accordance with Policies DES3 and DES4 of the East Herts District Plan 2018.

 

9. All hard and soft landscaping works shall be carried out in accordance with the approved details. Any trees or plants that, within a period of five years after planting, are removed, die or become, in the opinion of the Local Planning Authority, serioudly damaged or defective, shall be replaced as soon as is reasonably practicable with others of species, size and number as originally approved, unless the Local Planning Authority gives its written consent to any variation. Reason To ensure the provision, establishment and maintenance of a reasonable standard of landscaping in accordance with the approved designs, in accordance with policy DES3 of the East Herts Local Plan 2018.

 

10. Before the crossover is installed, all on site vehicular areas shall be surfaced in a manner to the Local Planning Authority's approval so as to ensure satisfactory parking of vehicles outside highway limits. Arrangements shall be made for surface water from the site to be intercepted and disposed of separately so that it does not discharge into the highway. Reason: In order to minimise danger, obstruction, and inconvenience to users of the highway and of the premises in accordance with policy TRA2 of the East Herts District Plan 2018.

 

11. Concurrent with the construction of the access, the visibility splays as shown on drawing number 22-036-101 rev E shall be provided and permanently maintained in each direction, within which there shall be no obstruction to visibility between 600mm and 2 m above the carriageway level. Reason: To provide adequate visibility for drivers entering or leaving the site, in accordance with policy TRA2 of the East Herts District Plan 2018.

 

12. In connection with all site demolition, site preparation and construction works, no plant or machinery shall be operated on the premises before 0730hrs on Monday to Saturday, nor after 1830hrs on weekdays and 1300hrs on Saturdays, nor at any time on Sundays or bank holidays. Reason To safeguard the amenity of residents of nearby properties from noise pollution in accordance with Policy EQ2 of the East Herts District Plan 2018.

 

13. Prior to first occupation, full details of waste and recycling bin storage shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be provided on site prior to first occupation and thereafter retained for the storage of waste and recycling. Reason To ensure adequate bin storage on site and in the interests of amenity and good design in accordance with Policy DES4 of the East Herts District Plan 2018.

 

14. The dwellings hereby approved shall be fitted out so that the potential consumption of wholesome water by persons occupying the dwelling will not exceed 110 litres per person per day as measured in accordance with a methodology approved by the Secretary of State. The dwelling shall not be occupied unless the notice of the potential consumption of wholesome water per person per day required by the Building Regulations 2010 has been given to the Local Planning Authority. Reason: In order to set a higher limit on the consumption of water by occupiers as allowed by regulation 36 of the Building Regulations 2010 and thereby increase the sustainability of the development and minimise the use of mains water in accordance with Policy WAT4 of the East Herts District Plan 2018, the Sustainability SPD and guidance in the NPPF.

 

15. Prior to first occupation or use of the development hereby approved the hard surfaced areas of the development, including roads, pavements, driveways and car parking areas shall be surfaced in accordance with details submitted to and approved in writing by the Local Planning Authority and thereafter the development should be implemented in accordance with the approved details. Reason To ensure safety and satisfactory appearance in accordance with Policies DES4 and TRA2 of the East Herts District Plan 2018.

 

16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (As Amended), or any amending Order, Schedule 2, Part 1, Class A, B, C and E of the Order shall not be undertaken without the prior written permission of the Local Planning Authority. Reason In order to ensure the site will continue to protect openness of the Green Belt in the future, as to comply with policy GBR1 of the East Herts District Plan 2018.

[ProDave]

4, 5, 6 are the only ones that need some more details or action plans submitted before commencing.

[Post and beam]

4 is satisfied so 5 & 6 then? 

I did wonder if i was required to just make a statement for example for # 11,#12 and #13.

 

 

[saveasteading]

agreed. 4, 5 and 6 before anything at all.

I found 10 to be confusing, so i would read it as it suits you.

 13, you could do whenever you want. if there is a fee with each submission then it saves to use a  single submission.

11 and 12 I don't read as requiring information.

 

[Post and beam]

1 hour ago, saveasteading said:

fee with each submission then it saves to use a  single submission

There is, which is why i did #3 & #4 together. It would be good of course to do all the rest in a single submission. But as per the post its a case of knowing what do i need to do for each.

With regard to #10, 100 tons of hardcore onto the parking area so that it does not turn into a muddy mess is how i understand it. The site slopes 2 metres down away from the road so i dont expect any water run off issues onto the 'highway'.

[DevilDamo]

Do you have any consultants on board as a civil engineer would usually be best placed to deal with condition no. 10?

 

You try and discharge as many conditions as you can and at the same time. Not only does it save you money but also less admin later down the line, especially when some condition information gets forgotten.

[Post and beam]

14 minutes ago, Post and beam said:

It would be good of course to do all the rest in a single submission

Which is why i wrote this, above, 5 minutes ago.

 

[saveasteading]

1 hour ago, Post and beam said:

100 tons of hardcore onto the parking area

on a non-woven membrane.

1 hour ago, Post and beam said:

i dont expect any water run off issues onto the 'highway'.

So you must make this very clear. show it on a plan, with arrows pointing downhill.

BUT if the area is to be permanently permeable it won't matter, but still state both.

Especially look at the crossover itself. Presumably this has to be of hard material such as concrete or tarmac, and must also shed water away from the highway.

[DevilDamo]

3 hours ago, Post and beam said:

Which is why i wrote this, above, 5 minutes ago.

 

Why couldn’t you have done numbers 5 and 6 at the same time? Condition 5 would derive from a topographical survey, which one would assume you already have? Condition 6 would require input from a SAP/thermal consultant. Some applicants may already have that in place prior to going into Planning

 

On the assumption you’re the applicant, do you not have an agent who can advise on what is needed for each condition and when?

[Post and beam]

I did not have the BC drawings when planning was submitted in December 22.  I got all of the drawings when i paid Potton a deposit of £8k in October.

Yes i did have a Topo' survey done quite some time ago.

[DevilDamo]

Can Potton therefore assist in providing you with the required information for submission?

[Mr Punter]

You can't always satisfy all the conditions in one hit.  Things such as archaeology and contamination are often in several stages, so will need to be discharged in stages.

[saveasteading]

beware the Archaeology report.

you will get 2 quotes if lucky, both for about the same cost.

what chance they say that the site isn't worth investigating? none.

i challenged one once, showing there was nothing to find. That's unusual though.

The cost may be open ended though' as they don't know what they'll find.

There are ways to limit it, sometimes.

 

[DevilDamo]

2 hours ago, Mr Punter said:

You can't always satisfy all the conditions in one hit.  Things such as archaeology and contamination are often in several stages, so will need to be discharged in stages.

The archaeological condition in the OP’s case isn’t requiring information to be submitted in stages. There also isn’t a contamination condition.

[saveasteading]

19 minutes ago, DevilDamo said:

The archaeological condition in the OP’s case isn’t requiring information to be submitted in stages.

I read it this way.

1. get and submit a proposal for the study. await approval.

2. council receives and approves the report following the study.

[Post and beam]

5 hours ago, Mr Punter said:

archaeology and contamination are often in several stages, so will need to be discharged in stages.

And

3 hours ago, DevilDamo said:

in the OP’s case isn’t requiring information to be submitted in stages

 

But.... #4 is Archaeology. It is satisfied.

 

On 26/12/2023 at 14:52, Post and beam said:

#3 & #4 are satisfied.

 

On 26/12/2023 at 17:44, Post and beam said:

There is, which is why i did #3 & #4 together

[DevilDamo]

21 hours ago, DevilDamo said:

Can Potton therefore assist in providing you with the required information for submission?

So…? 🤔
 

[Post and beam]

No. Potton engage an external planning consultancy who did submit the original planning application. There is a reason why this may not be a suitable route to conclusion. It is not for open discussion here though.

Prior to me continuing the conversation with the planning department in the new year i had hoped to arm myself with practical knowledge from people that had answered the same questions.

[saveasteading]

2 hours ago, Post and beam said:

i had hoped to arm myself with practical knowledge from people that had answered the same questions.

I think we have answered the question. Please be precise about whatever might still be unclear.