Variation of condition mid build

[flanagaj]

Just after some thoughts on the above.  We are nearly at first floor level and have concluded that the proposed first floor rear windows that overlook a paddock and woodland (not visible otherwise) are too wide and we want to shrink the width from 1125 to 800 and also make the bathroom window which was 1125mm wide 800mm and full height like the other two windows.  I don't want to stop development and the net outcome is a slight reduction in the amount of glazing.   I am happy for the builders to continue as I don't see an issue and just wanted to ask whether I can submit the form and they carry on or do you have to cease construction until it's been decided?

[Conor]

That would like be a non-material change. Keep going and put the application in.

 

Just make sure you're ok regarding egress requirements under building control.

Edited 19 hours ago by Conor

[flanagaj]

40 minutes ago, Conor said:

That would like be a non-material change. Keep going and put the application in.

 

Just make sure you're ok regarding egress requirements under building control.

Unfortunately, due to the planning grant having a condition which states that the build must be carried out according to the submitted drawings.  So I don't think a non material amendment can be used.  Hence, the VoC.

[Temp]

Can you meet building regs for clear opening width with your proposed design at just 800 wide? Might not be a problem but check 

[Temp]

2 hours ago, flanagaj said:

Unfortunately, due to the planning grant having a condition which states that the build must be carried out according to the submitted drawings.  So I don't think a non material amendment can be used.  Hence, the VoC.

 

They almost always put that condition. I would get the drawings ammended and try asking the planners what would be required. Send in enough copies.

[Mr Punter]

11 hours ago, flanagaj said:

Unfortunately, due to the planning grant having a condition which states that the build must be carried out according to the submitted drawings.  So I don't think a non material amendment can be used.  Hence, the VoC.

Yes that is a standard condition ("construct according to the submitted plans") and it allows you to apply for changes just with a variation of condition, without them needing to amend or replace the existing consent.

[kandgmitchell]

 I tend to use the assessment: would the planners have approved this if I had proposed this in the first place? In this instance I cannot imagine that if you had suggested the smaller windows they would have said "oh no they must be larger" and we won't approve the scheme until they are..."

 

So, the chances of this change from a planning perspective not being acceptable are vanishingly small. Personally (and everyone's acceptance of risk is different) I'd press on and just ignore the change. However, to formalise this submit a VoC application to cover yourself but not stop building (they could take months to deal with the application). 

 

But and it's a big BUT - check the means of escape situation as mentioned above because that is a significant risk to the final approval of the scheme by BC.

[Oz07]

16 hours ago, flanagaj said:

Just after some thoughts on the above.  We are nearly at first floor level and have concluded that the proposed first floor rear windows that overlook a paddock and woodland (not visible otherwise) are too wide and we want to shrink the width from 1125 to 800 and also make the bathroom window which was 1125mm wide 800mm and full height like the other two windows.  I don't want to stop development and the net outcome is a slight reduction in the amount of glazing.   I am happy for the builders to continue as I don't see an issue and just wanted to ask whether I can submit the form and they carry on or do you have to cease construction until it's been decided?

I wouldnt even bother telling the planners. As has been said keep MOE in mind

[Spinny]

Of course you should tell the planners, otherwise you are breaking the conditions of your planning approval.

Once you have formally informed the planners by whatever is the correct method at least you are behaving properly.

One window is getting bigger by being extended down to floor level - if I were your neighbour I would call that a material amendment. OK I suspect you don't have any neighbours ?

Just follow due process, that is what it is there for.

 

At the end of the day, changing plans during a build, is changing plans during a build, and you can't really argue against accepting any consequences which flow from that - be it doing some paperwork, or proceeding at some likely minimal risk.

 

Who sized those windows ? If it was the architect I would speak to them, to create the revised drawings and ensure they don't have any counter arguments.

 

[kandgmitchell]

 

18 hours ago, flanagaj said:

proposed first floor rear windows that overlook a paddock and woodland (not visible otherwise)

 

48 minutes ago, Spinny said:

if I were your neighbour I would call that a material amendment

But only if you were in the woodland or paddock. Not sure an extra couple of feet of glazing below an approved cill level is that material but agreed it does vary from the approved plans. 

 

This is exactly what I was trying to say - different people perceive risk differently. I'd run with this because a) the chances of someone seeing it are low, b) if they did, were they aware of the approved design in the planning application and c) should the planners find out are they going to have a meltdown and threaten enforcement?

[flanagaj]

1 hour ago, Spinny said:

if I were your neighbour I would call that a material amendment. OK I suspect you don't have any neighbours ?

A cob horse and a few partridges and pheasants who live in the field behind.  Thankfully, no people. 

Edited 1 hour ago by flanagaj