Hi
Plenty of developers already treat prior to commencement conditions as prior to occupation. Always an interesting discussion when they submit a phase 2, remediation strategy and validation report in one hit. Especially when they have "forgotten" to undertake a proper validation of gas protection measures.
Considering the developers pay good money for competent consultants to write good reports and produce excellent remediation strategies, it staggers me how often the developer neglects to actually read their own report, never min implement the recommended remediation strategy.
Pre-commencement conditions requiring (for example) approval of a site investigation and agree a remediation strategy are, in my view often necessary to ensure that the developer sets off in the right direction. As stated below, the developer often cannot do more than a desktop study at the application stage because SI is just not logistically possible.
If they are in the position to be able to do the SI and produce a remediation strategy at the application stage then great, I would personally just condition the validation works (prior to occupation).
It'll be interesting to see how different planning authorities approach this.
Phil Mason MSc, MIEnvSc, MCIEH, AMIOA
Environmental Consultant (Air Quality, Noise, Contaminated Land) – Infrastructure
Urban Vision Partnership Ltd
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