before starting work

[redtop]

hia, so we have approved detailed planning permission.  One condition is we cant take heavy plant onto the site until Oct due to narrow access roads and it being in a holiday area (cornwall).  This isnt a problem for us so no dramas.  However we want to start doing some clearing by hand in the summer, including digging and installing soakaways, which i will do by hand cos ime hard and want to break my back ? and we have some small mechanical (power barrow) i can use for shifting soil about. Anyhow, i will be starting this work before building regs are approved.  Is this wise and what notice do i need to give to building control.  Anyone else i need to tell?

[Nick1c]

What is the definition of 'heavy plant'? Does a small digger count?  Alternatively is there any potential access from farmland. I am in Cornwall and a friendly farmer is worth his weight in gold (or something a bit less precious, but still v. valuable!). 

[redtop]

i am asking planning if a small digger would be OK.  In theory it should be but if not then my spade is getting a workout. No chance re farmers, our land is an acre of woodland sandwiched between housing

[Temp]

Sorry if you already know but...Make sure you have you CIL exemption granted and you notify them of commencement before doing anything on site or you risk loosing the exemption.

Edited March 26, 2019 by Temp

[Temp]

What's the wording of the condition? How does it define "heavy"? I'm wondering if it's unenforceable.

[Ferdinand]

5 hours ago, redtop said:

i am asking planning if a small digger would be OK.  In theory it should be but if not then my spade is getting a workout. No chance re farmers, our land is an acre of woodland sandwiched between housing

 

I do no think I would play it that way. I would ask them for a definition, or perhaps even proof that their definition is valid, or maybe just proceed with "light" plant.

 

It is not for you to play Blind Mans Buff; it is for them to set legal conditions.

 

The National Planning Policy Framework (NPPF) states that planning conditions should only be imposed where they are ‘necessary, 'relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects’.

(https://www.designingbuildings.co.uk/wiki/Planning_condition)

 

If it is not all of these, then it fails and is unenforceable.

 

Quote

  One condition is we cant take heavy plant onto the site until Oct due to narrow access roads and it being in a holiday area (cornwall).

 

If you have given us all the relevant information, it sounds as though "heavy plant" means 'something that will not fit comfortably down the narrow access roads, but will cause a significant disruption because it is in the tourist season'. That sentence would be the pertinent defining language for heavy plant, unless it is defined elsewhere and referenced.

 

If there is no disruption, then you may well be OK. If you can meet that condition another way, eg by having a 'light plant' size digger, or taking it in before breakfast, but not working until your allowed hours, then you *should* also be OK. What would their basis be for enforcement unless there had been disruption of the narrow roads?

 

However, it is a matter of judgement ? .

 

 

Ferdinand

 

Edited March 26, 2019 by Ferdinand

[redtop]

sorry for the delayed response. The reason for the restriction is to get out of the site you either drive down a 6ft wide road which drops you into the cntre of town or a short 'wrong way' down a one way which is wider and avoids the town.  OR via an unadopted road which has easy access.  Now the reason for me thinking i could get away with small plant is i could get it onto site on the back of my hilux, so its just my car albeit with a machine in the back ? i could also get anything onto site down a short stretch of paved footpath, its wide.  But of course driving on a footpath has its issues too...