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Does the prohibition on pre-commencement conditions also extend to pre-occupation conditions?

If not, a possible response would be to reword the current pre-commencement conditions as pre-occupation conditions, together with a strongly worded advisory pointing out the financial risks to the developer of building on unsatisfactorily assessed/remediated ground (possibly including demolition and rebuilding) and strongly recommending that risk assessments and remediation are agreed with the CLO (and if interested, the EA) before construction commences.

The pre-commencement condition has always been a bit of a blunt instrument and it would seem likely that CLOs will have to engage in a much smarter way with the planning system to ensure that the minority of unwilling developers are made to address contamination issues satisfactorily. I would be very interested in seeing other ideas as to how to do this, aired in this forum.

Regards

Frank Westcott

Technical Solutions for Sustainability and Brownfield Development

Magnolia House, 15a Fore Street, Roche, St Austell, Cornwall PL26 8EP
0330 330 8015
07973 616197

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On 11 Sep 2018, at 08:48, Robert Tyler <[log in to unmask]> wrote:

In most cases I assume it will come down to giving the applicant the choice of providing information up front or imposing pre-commencement conditions?  Would be good to hear other views and experiences on this.

Thanks

Robert

Robert Tyler
Principal Pollution Control Officer - Land, Air & Water 

 

London Borough of Hackney

Public Realm

Neighbourhoods & Housing Directorate

PO Box 70210

E8 9EJ 

Tel: 020 8356 4827 

 

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2. Relating to Planning (including London Legacy Development Corporation sites): The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site.



On Tue, 11 Sep 2018 at 08:04, Ciara Longman <[log in to unmask]> wrote:

Hi everyone

 

From our Planning Manager “As of 1 October, the government are enacting some significant changes to the way we issue decisions. One of the key changes relates to pre-commencement conditions. These will no longer be permitted unless they have first been agreed by the applicant, and all applicants are given 10 working days to comment on any proposed pre-commencement conditions. Where they object to the condition, we are not allowed to impose that condition. The key impact of this on yourselves as consultees is that we will no longer be able to impose pre-commencement conditions because we don't have relevant information. They will only be used where absolutely necessary. Therefore, can I please request that you review your comments on applications to remove pre-commencement condition requests where necessary, and that where they are likely to be required that we get your comments as early as possible to allow the officer to complete the necessary notices.”

 

Worst case scenario this completely contradicts the outcome of Leeds vs Technoprint, ahem.

 

Upadate local requirements for Planning Validation policy and this information must be submitted on validation? I know a few LAs already do this but the majority don’t. So if a desk top/SI hasn’t been submitted on validation then we object?

 

What are other LAs doing?

 

Cheers

Ciara

 

 

Ciara Longman | Land Quality Officer

Community Enforcement Services

Pink Zone, Civic Centre

London Borough of Hounslow

Office: 020 8583 4532

www.hounslow.gov.uk

 


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