Planning conditions :pre commencement

[stansdad]

Hi I hope someone can help me?
I have been granted conditional permission for a new dwelling on a site that I bought with outline planning. It has most of the usual code of conduct, ecology, tree protection conditions you might expect, but one of the pre commencement conditions was land quality, the site is a large rear garden well established with two out buildings one derelict one in good order. Now the site is actually two building plots and the derelict shed is on the neighbouring land, and a good 20m from my proposed building.
The environmental report done for the planning application made a complete meal of potential contamination from old paint tins and oil products in the derelict shed, you only have to look at the area in question to see there is no contamination. Now we have just received a quote of £8k to produce a phase 2 report and tests!
We believe the report to be complete nonsense and a set up for this costly phase 2 and perhaps more for remediation work! I fail to see how this stops the development especially on my plot and the proposed 3-4week timescale is unworkable I have a team ready to start

any advice?

 

[freddiemercurystwin]

Yes why didn't you factor all this in before now and how much are the other quotes?

 

[tony1851]

This is a 'condition precedent' which unfortunately is a grey area.

To be a valid prohibition on development, it has to pass two tests - 1. does the wording expressly prohibit development before work starts and 2. does the prohibition go 'to the heart of the matter'. If the condition satisfies both these, then any start on site is unlawful and the development is a breach of planning control.

If the wording of the condition is clear and unambiguous, it passes test 1. But is not-complying with this fundamental to the development as a whole? In one case, it was held that a failure to agree floor levels with the LPA before work commenced went to the 'heart of the matter' and therefore was a breach, rendering the commencement invalid.

But would not bothering about possible contamination from a few paint tins 20m from your proposed development affect the principle of your development?
It's probably down to fact and degree. How many paint tins are there? An old rusty tin or two of Dulux gloss should not cost £8k to sort out; but was the shed formerly used by a painter and decorator to store quantities of paints and solvents?............

As before, a grey area (unfortunately).

 

[HERTS P&D]

You should of cleared the shed before the report.

Andy

 

[stansdad]

The reports were already done with the outline planning that the land was bought with. So yes obviously i would have cleared the shed apart from the fact it is not on my land!
Thanks for your fantastic advice!
Just a normal shed gone to ruin in a normal back garden, does no one apply logic in this world anymore?

 

[jeds]

Just get another quote. I regularly have enviro reports done for less than £1k for small sites. Whoever you get in ask them to take extra samples from the sheds and the ground immediately surrounding the sheds. If any contamination is found this will show that it's isolated to the shed areas and will reduce your removal. You can't assume garden areas are clean though. I've had plenty of sites show contamination from airborne source and had to remove 300mm because of it.