Planning Conditions

[stephenhenry]

Hi,

I've received an listed building grant and one of the material specification conditions we were expecting to see on there isn't there. Can the authority add it retrospectively? If so what's the situation if we have already started works at that point?

We don't want to be delayed by yet another 4 weeks as they add the new condition and agree to our response if we don't have to. Our plan is to use all the right materials and methods so we're not trying to do anything bad...

Thanks,

Steve

 

[tony1851]

If it's in writing, what's the problem.
For them to turn round a few weeks later and say 'Oh, by the way, we wanted this as well...' would be completely unacceptable and unenforceable.

 

[cjard]

Indeed, you've lucked out - don't poke the sleeping lion with a sharp stick..

..but equally, these conditions are there for a reason. If they've forgotten to put a "no gash fake wood uPVC windows in this 13th century castle" condition, please.. don't put gash fake wood uPVC windows in your 13th century castle

 

[stephenhenry]

Thanks for the replies.

tony1851 - It would seem unreasonable to me if they could retrospectively change/add conditions but that alone does not mean they couldn't do it. Since posting I've been told by someone who *should* know that they can't add/change things retrospectively.

cjard - I won't be poking! I agree completely with you on the work and materials. We are planning to use the correct materials (as recommended by English Heritage etc) so it shouldn't have been a problem anyway but we just want to avoid yet another delay...

 

[DevilDamo]

You should be ok as you have the approval in writing.

However, one of my colleagues was involved on a job where an approval along with conditions was issued for a development and then the LPA came back a couple of weeks later asking for a dormer to be reduced/re-located... even though the approval had been issued. That had to be done as the approval was approved subject to a legal agreement so they kind of had a hold on us. But that's the first time I've known for that to happen.

 

[Architexeter]

Just get on with it and dont do anything daft. You'll be fine

 

[ban-all-sheds]

..but equally, these conditions are there for a reason. If they've forgotten to put a "no gash fake wood uPVC windows in this 13th century castle" condition, please.. don't put gash fake wood uPVC windows in your 13th century castle

But neither do/have done work which is so good, and uses such correct materials and techniques that it is not blindingly obvious.

Remember - listed building = building frozen at a point in time, to which you can never ever do any repairs which do not stand out so much that they smack you in the face.