Discharge Planning Conditions.

[Russdl]

 

I'm trying to get my head round how I actually do this - Discharging Planning Conditions. 

 

I'd like to do these myself but I suspect that is easier said than done. I've downloaded the form from the planning portal and then sort of ran out of ideas. Hopefully the wonderful Buildhub community can give me the pointers that I require because I'm buggered if I can find any clear and concise information anywhere else, so if any one has the time to read all this (I hope so!) here are the conditions - and my questions:

 

 

1  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2  The development hereby permitted shall be carried out in accordance with the following approved plans

Site Location Plan
16-14-01-03 (Plans and Elevations as Proposed) 787-S-01 (Cross Section)
787-PM-01 (Photomontage)
Design and Access Statement (December 2017) Planning Statement (April 2018)

REASON: For the avoidance of doubt and in the interests of proper planning.

3  The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as state on the submitted Application Form, unless otherwise agreed in writing by the Local Planning Authority.
REASON: In the interests of visual amenity

4  Any gates shall open inwards only.

REASON: In the interests of highway safety

5  No part of the development hereby permitted shall be first occupied until the access, turning area and parking spaces have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter

REASON: In the interests of highway safety

 

8  The development hereby permitted shall be carried out in a manner that incorporates the recommendations for ecological enhancement set out in the Ecological Assessment prepared by Peach Ecology.

REASON: In the interests of biodiversity and nature habitats

 

 

11  Before the development hereby permitted is first occupied the first floor window in the west elevation shall be glazed with obscure glass only (to an obscurity level of no less than level 3 and the window shall be maintained with obscure glazing in perpetuity.

REASON: In the interests of residential amenity and privacy.

 

So the first question is, do I need to do anything about these seven conditions apart from ensure they are conformed to? Or do I need to write some words about each one on the Application form?

 

______________________________

 

The next two are more obvious:

 

6  No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme. REASON: To ensure that the development can be adequately drained

7  No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access/driveway), incorporating sustainable drainage details together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority. REASON: To ensure that the development can be adequately drained

 

Clearly conditions 6 & 7 need a written response, (foul water will go to the existing main drain that the current bungalow uses) but can it just be a written response to that effect or will these conditions require site plans showing drain runs, falls etc etc?

 

_____________________________

 

And here are the final two. I'm actively hunting down the Council's Right of Way Warden to start the 'consultation' but I haven't been able to track him down yet, is there more I need to do?

 

9  No construction/demolition vehicle access will be taken along Right of Way WINT6 without prior consultation with the Council's Rights of Way Warden. Where appropriate any safety/mitigation/reinstatement measures must be approved by the Council's Rights of Way Warden.

REASON: To ensure the public right of way remains available and convenient for public use.

10  No materials, plant, temporary structures or excavations of any kind shall be deposited or undertaken which obstruct or adversely affect Right of Way WINT6 whilst development takes place.
REASON: To ensure the public right of way remains available and convenient for public use.

 

Massive thanks in advance to anyone who can throw any light on this for me.

 

Russ.

 

[PeterW]

8 minutes ago, Russdl said:

3  The materials to be used in the construction of the external surfaces of the development hereby permitted shall be as state on the submitted Application Form, unless otherwise agreed in writing by the Local Planning Authority.
REASON: In the interests of visual amenity

 

That's the only one you normally need to discharge - none of the others are pre-commencement conditions and it looks like materials was pre-approved as part of planning.

 

CIL exemption received..?? If so, issue a notice that you are commencing construction... ?

[vivienz]

Our planning conditions fall into a few categories, in the same way that yours have, Russ.  The important ones are those that you need to discharge before you can start to do anything, conditions 6 and 7, possibly 8 and 9.

 

I can't help with the Right of Way Warden (really?!), but do you need to bring vehicles/materials, etc. over a right of way, or do you have an alternative access to the site?  I would say that you only need to worry about this if you will and, if so, get hold of the person asap.

 

The other one is your drainage plan for SuDS.  Get it sorted, designed or whatever, then you can get it approved and crack on.

[Russdl]

@PeterW Thanks for the reply Peter. Conditions 6 & 7 further down start with "no development shall commence..." so I'm pretty sure I will have to do something about those won't I?

 

As for the CIL, 3 forms submitted only two to go!!

[PeterW]

Sorry missed the 6 & 7 !! Thought the numbering was odd...

 

Yes - will need a plan and details but can be a sketch diagram showing drains and soakaways and where your driveway SUDs system will be.

[Russdl]

@vivienz Yep, it's mainly 6 & 7 that are perplexing me in how exactly I discharge those, and really, a 'Right of Way Warden". Our bungalow is accessed down a single track, unadopted gravel road, that is designated as a footpath

[Russdl]

@PeterW Excellent, thanks Peter I was hoping it might be something along those lines.

 

[ProDave]

Your drainage details are usually a building control matter.  Up here you cannot start until a building warrant has been issued, and sorting out a suitable acceptable drainage plan delayed us several weeks before building control were finally happy and issued the warrant.

[Russdl]

@ProDave That's understood Dave. 

 

I'm starting to reach the assumption that I will be able to discharge those conditions (6 and 7 in my original post) with a relatively basic site plan and lots of reference to the Building Regulations. 

 

[newhome]

31 minutes ago, ProDave said:

cannot start

 

Shouldn’t start? Borders Council say that it is an offence to start work without a building warrant and then say they charge fees x 2 if work has started and fees x 3 if you apply for the completion certificate without a warrant although why someone would do that I’ve no idea. Of course you do run the risk of having to alter something retrospectively if you start work before the warrant is approved. I ran into that bureaucracy when trying to get the extension paperwork sorted that my hubby had built and flippantly said ‘just apply for the warrant later on’. Just what I needed tbh alongside everything else but there was no persuading him otherwise. 

 

 

[Temp]

Condition 6 should really be two separate conditions. It's a bit of a catch 22 - You can't start until the condition it's discharged but you can't get it discharged in full until the drains have been finished.  They will probably only discharge it "in part".

 

I expect you know the fee is "per request to discharge" not "per condition" so it pay to lump together as many conditions into one request as possible.  I would suggest sorting out the paperwork for 3, 6, 7 and 9 if possible and ask/pay for those to be discharged in one go. 

 

You only need to worry about Condition 1 if there isn't much of the 3 years left.

 

The rest can probably be discharged in a second go before occupation.

[Russdl]

2 hours ago, Temp said:

Condition 6 should really be two separate conditions. It's a bit of a catch 22

 

That's a good point Temp, thanks for highlighting it.

 

I was aware that the fee is 'per request' and I think I will take your advice and go for 3,6,7 & 9 and the rest on completion.

 

I've only just got the planning approval so No1 is fine.

 

It all seems so obvious reading everyones replies but it has certainly helped clear a bit of the fog for me so thanks all!

 

Russ.