Discharge of Planning Conditions, do I need it?

[FarmerN]

I cannot get my head around Discharge of Planning Conditions. Do all Conditions Require formal Discharge by the council?

 We have had written approval now for Pre commencement conditions and others requiring the councils written approval.  ( Four conditions)

What about the remaining nine conditions, do I need to do anything, submit an application to Discharge or not?

The only reason to worry is in case we need to sell. We have no intention of selling but at 73 you never know what the future holds.

The conditions of the PP  I’m not clear about are briefly-

Commence within three years.

Build in total accordance with plans.

Use materials specified in plans.

No work in summer without a nesting bird survey.

Provision of bat roost and boxes.

Provision of EV charge point.

Provision of protective fencing during construction.

Notification of any contamination found.

Testing of any imported soil.

 

We have now fully completed the build and been living here for a full year, though the builder still has to complete paper work to sign off with building control and complete hand over to us.

I’m satisfied that we have fulfilled all the conditions, but do we need a formal Discharge from the Council, or is it just assumed as done.

 

Full wording of conditions not discharged -

1.         The development hereby approved shall commence within three years of the date of this permission

2.         The development hereby approved shall be carried out in total accordance with the approved plans;

3.         The materials to be used shall be in strict accordance with those specified in the application unless different materials are first agreed in writing with the Local Planning Authority.  Development shall be carried out in accordance with the approved details

4.         No removal of any vegetation or the demolition or conversion of buildings shall take place between 1st March and 31st August in any year, unless a detailed survey has been carried out to check for nesting birds. Where nests are found in any building, hedgerow, tree or scrub or other habitat to be removed (or converted or demolished in the case of buildings), a 4m exclusion zone shall be left around the nest until breeding is complete.  Completion of nesting shall be confirmed by a suitably qualified person and a report submitted to and approved in writing by the Local Planning Authority before any further works within the exclusion zone taking place

5.         The proposed development to proceed in accordance with the recommendation made by section 3.2 of the submitted Mitigation and Enhancement Measures Statement (Amenity Tree Care, 08/09/2020) unless varied by a European Protected Species licence subsequently issued by Natural England. Agreed features for roosting bats shall be permanently installed in accordance with the approved details.

6.         Prior to first occupation of the dwelling hereby approved, one electric vehicle charging point shall be provided to that dwelling, made available for use and maintained and retained thereafter to the following specification;

•           A single Mode 3 compliant Electric Vehicle Charging Point for the property with off road parking. The charging point shall be independently wired to a 30A spur to enable minimum 7kW Fast charging or the best available given the electrical infrastructure.
•           Should the infrastructure not be available, written confirmation of such from the electrical supplier shall be submitted to this office prior to discharge.
•           Where there is insufficient infrastructure, Mode 2 compliant charging may be deemed acceptable subject to the previous being submitted

7.         (a)        No development or other operations shall take place except in complete accordance with the tree protection measures and methodology identified in the Arboricultural Impact Assessment and Method Statement report and associated Tree protection plan dated July 2020  with measures to be  implemented under Arboricultural supervision in accordance with BS 5837:2012 Trees in relation to design, demolition and  construction. – Recommendations.   
(b)        No operations shall  be undertaken on site in connection with the development hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and / or widening or any operations involving the use of motorised vehicles or construction machinery) until the protection works required by the approved protection scheme are in place.
(c)        No excavations for services, storage of materials or machinery, parking of vehicles, deposit or excavation of soil or rubble, lighting of fires or disposal of liquids shall take place within any area designated as being fenced off or otherwise protected in the approved protection scheme.

8.         If, during the course of development, contamination not previously identified is found to be present, no further works shall be undertaken in the affected area and the contamination shall be reported to the Local Planning Authority as soon as reasonably practicable (but within a maximum of 5 days from the find).  Prior to further works being carried out in the identified area, a further assessment shall be made and appropriate remediation implemented in accordance with a scheme also agreed in writing by the Local Planning Authority.

9.         (a)        Any soil or soil forming materials to be brought to site for use in garden areas or soft landscaping shall be tested for contamination and suitability for use prior to importation to site. 
(b)        Prior to occupation, evidence and verification information (for example, laboratory certificates) shall be submitted to, and approved in writing by, the LPA.

 

Edited Sunday at 08:34 by FarmerN

[nod]

No you don’t 

BC sign off will satisfy a buyers solicitors The only thing that was picked up on our sale was the cil was still showing online 

 

While your BC won’t sign off without a EV point They won’t care about bat or bird boxes Or even a lighting report in our case 

Edited Sunday at 08:57 by nod

[DevilDamo]

For a full belt and braces approach, you could submit a Lawful Development Certificate application to deal with the remaining conditions.