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How much flexibility do conditions allow?


yessir

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Hi everyone, 

 

The good news is, we've had planning granted! 🍾

 

There are a number of conditions that my architect has informed me are all 'pretty standard'. There are just a few things I'm not clear on given this is my first project.

 

A number of the conditions start with a variation of the following: "No development shall take place (including demolition, ground works, vegetation clearance) until...". And then go on to request specific documents such as a Construction Ecological Management Plan (CEcMP). 

 

The plot is rather overgrown, and with spring on the way, I'd like to get in there and start removing shrubs, cutting grass, trimming trees, removing brambles etc etc. My concern is that this would most likely fall under vegetation clearance right? If so, It's a bit bizarre considering I would have done all of this before planning was approved. 

 

Any ideas?

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You don't need planning permission to tidy your garden, tidying your land is no different. I had all my soak aways done etc before planning came through.  As long as you do6start or be seen to start the house foundations all good.

 

But get any ecology stuff done now, before breading season starts, otherwise you may forced into a 6 month waiting period. Do not hang about.

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I had 16 conditions to be discharged. I was a little daunted by this but when i spoke to planning recently they explained that only the ones that contain the line ' written permission from planning'  needed to be satisfied before works could start.

I too have some that relate to planting, Bats, Newts, Unicorns but none of these stop me from starting work. They just have to be done before anyone moves in.

Hope this helps.

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4 hours ago, yessir said:

Hi everyone, 

 

The good news is, we've had planning granted! 🍾

 

There are a number of conditions that my architect has informed me are all 'pretty standard'. There are just a few things I'm not clear on given this is my first project.

 

A number of the conditions start with a variation of the following: "No development shall take place (including demolition, ground works, vegetation clearance) until...". And then go on to request specific documents such as a Construction Ecological Management Plan (CEcMP). 

 

The plot is rather overgrown, and with spring on the way, I'd like to get in there and start removing shrubs, cutting grass, trimming trees, removing brambles etc etc. My concern is that this would most likely fall under vegetation clearance right? If so, It's a bit bizarre considering I would have done all of this before planning was approved. 

 

Any ideas?


that sounds like they want you to check ( if you didn’t already do it ) that there are no newts door mice rare flowers etc in the overgrown’ area . Think this is becoming more common and normally done as part of the planning to ensure nothing is harmed or disturbed 

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50 minutes ago, Nic said:


that sounds like they want you to check ( if you didn’t already do it ) that there are no newts door mice rare flowers etc in the overgrown’ area .

 

Interesting, we did conduct a GCN / amphibian survey that proved there were none in the area. Just feels bizarre considering I'd been clearing brush / bramble on the site before planning. Will give the LPA a call to clarify and report back.

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With the planning permission, the Planning Authority will impose conditions such as "no habitation before......"

As you approach completion, despite the level of completeness, they will be saying its habitable, give me some council tax.

 

 

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In England, biodiversity net gain (BNG) is required under a statutory framework introduced by Schedule 7A of the Town and Country Planning Act 1990, inserted by the Environment Act 2021. This is referred to as biodiversity net gain in Planning Practice Guidance to distinguish it from other or more general biodiversity gains.

 

From 12 February 2024 all major planning applications consented in England will be deemed subject to the general biodiversity gain condition to secure the biodiversity gain objective. This objective is to deliver at least a 10% increase in relation to the pre-development biodiversity value of the development granted permission. BNG will become mandatory for minor development sites on 02 April 2024 and is expected to extend to Nationally Significant Infrastructure Projects (NSIPs) from late November 2025.

 

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My advice is to try find a similar planning application and see what they provided.

 

The condition says you need to provide a "Construction Ecological Management Plan (CEcMP)" so I would try and find a document with that title on the portal and read it. If there is anything irrelevant to your site edit it out. Make sure you aren't committing yourself to anything expensive etc. 

 

I'm pretty sure that a CEcMP will be all about protecting wild life during construction, whereas a "Biodiversity net gain (BNG)" is more about ensuring your planning application as a whole improves Biodiversity. I would stick with the former until they insist on the latter.

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