Planning Pre Commencement Conditions

 

Since 1 October 2018 a new procedure has been introduced relating to applications for planning permission planning where it is intended to impose pre commencement planning conditions. This does not apply to outline planning permissions.

A pre-commencement condition is defined in section 100ZA(8)of the Town and County Planning Act 1990  as a condition imposed on a grant of planning permission  which must be complied with (a) before any building or operation comprised in the development is begun, or (b) where the development consists of a material change of use of any buildings or other land, before the change of use is begun.

Where the Council is intending to impose pre commencement condition, the council must give notice allowing the applicant 10 working days to either agree to the conditions or provide a substantive response. The Council cannot determine the application until the 10 days has expired unless a response has been received sooner. If no response is received in the time scale the Council may proceed with determining the application and imposing the conditions.

Below is a list of the standard pre commencement conditions which may be applied to an approval. By being aware of these prior to making an application, it may be possible for applicants to provide sufficient information with their initial submission to avoid the need for them to be applied. In particular applicants may find it useful to be fully aware of the possible drainage conditions and the type of information that would need to be provided in order to discharge the pre commencement conditions.  https://www.arun.gov.uk/drainagechecklist

Please be aware this list of conditions is not definitive and a bespoke condition may be added.

 

Condition code and title

Condition wording

PCARC1 Archaeology - Archaeological Investigation

No development shall commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority.

Reason: The site is of archaeological significance in accordance with Arun Local Plan Policy HER DM6.

PCARG3 Agricultural – Method Statement

No development shall commence on site until working drawings and a method statement have been submitted to and approved in writing by the Local Planning Authority. Such drawings and statements must include the in-situ repair and conversion of the building and not its dismantling and subsequent reconstruction. The working drawings must be based upon the initial structural survey and show full details of the works necessary to enable the conversion to take place, including the exact amount and method of repair and replacement as well as structural details of methods of support and tying-in of walls, posts etc., and works necessary to achieve foundation and underpinning. The method statement shall set out the exact method of conversion and the detailed method of support and protection of the building before and during conversion works. Once approved the works shall only be carried out in strict accordance with the approved details.

Reason: To ensure that the works strictly accord with the terms of the permission and that the building is not dismantled and reconstructed which would be contrary to policies H DM3 and H DM4 of the Arun Local Plan.

PCARG5 Agriculture - Bats and Owls habitats

No development shall commence until details indicating how suitable provision will be made for bats'/owls' habitats have been submitted to and approved by the Local Planning Authority and such habitats shall be secured/provided before development commences and thereafter maintained to the satisfaction of the Local Planning Authority.

Reason: To safeguard the ecology of the area, and in the interests of bats/owls to ensure that a habitat remains for them during and after development in accordance with ENV DM5 of the Arun Local Plan.

PCC.9.H. Highways and Access

No development shall commence unless and until details of the layout and specification of and construction programme for/the roads, footpaths and casual parking areas/the foul and surface water drainage and means of disposal/have been submitted to and approved by the Local Planning Authority.  No house shall be occupied until it is provided with access constructed in accordance with such approved details to the established highway network.

Reason: To secure satisfactory standards of access and drainage for the proposed development in accordance with policy T SP1, T DM1, W DM3 of the Arun Local Plan.

PCCONSTR1 - Construction Management Plan

No development shall commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority.  Thereafter the approved Plan shall be implemented and adhered to throughout the entire construction period.  The Plan shall provide details as appropriate but not necessarily be restricted to the following matters,

- the anticipated number, frequency and types of vehicles used during construction,

- the method of access and routing of vehicles during construction,

- the parking of vehicles by site operatives and visitors,

- the loading and unloading of plant, materials and waste,

- the storage of plant and materials used in construction of the development,

- the erection and maintenance of security hoarding,

- the provision of wheel washing facilities and other works required to mitigate the impact of construction upon the public highway (including the provision of temporary Traffic Regulation Orders),

- details of public engagement both prior to and during construction works.

Reason:  In the interests of highway safety and the amenities of the area in accordance with policy TSP1 of the Arun Local Plan.

PCEHAIR1 Environment Health - Air (ventilation equipment)

The use hereby permitted shall not be commenced until the equipment detailed in (letter/submission/etc dated ............) to discharge odours and fumes from the cooking process shall have been installed and be in full working order to the satisfaction of the Local Planning Authority.

Reason: To ensure that unsatisfactory cooking odours outside the premises are minimised in the interests of the amenity of occupiers of nearby properties in accordance with Arun Local Plan policy QE SP1.

PCEHN12 Environmental Health - Noise (scheme for insulation)

Before the use commences, the [specified building(s) shall be insulated in accordance with a scheme submitted to and approved by the Local Planning Authority [to secure an acceptable level of noise emanating from the building].

Reason:  In the interests of residential amenity of neighbouring properties in accordance with Arun Local Plan policy QE DM1.

PCEHN13 Environmental Health - Noise (scheme for sound insulation)

The change of use hereby permitted shall not begin until full details of a scheme for sound insulation has been submitted to and approved by the Local Planning Authority.  The insulation shall be installed before the premises are first brought into use and shall be maintained in an effective manner thereafter.

Reason:   To protect the amenities of occupiers of adjoining properties in accordance with Arun Local Plan policy QE DM1.

PCEHN14 Environmental Health - Noise (scheme for control of noise)

No development shall commences until a scheme is submitted to and approved by the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the site. The approve scheme shall thereafter be implemented and permanently maintained.

Reason: To protect the amenities of occupiers of adjoining properties in accordance with Arun Local Plan policy QE DM1.

PC - EHN2 Environmental Health - Noise (protect the development)

Construction work shall not begin until a scheme for protecting the proposed [noise-sensitive development] from noise from the ..................... has been submitted to and approved by the Local Planning Authority;  all such works which form part of the scheme shall be completed before [any part] the [noise-sensitive development] is occupied.

Reason:  To safeguard the amenity of residents in accordance with Arun Local Plan policy QE DM1.

PCENGD1A   Engineers -Scheme for disposal of foul water drainage

Prior to the commencement of development details of the proposed foul water drainage scheme have been submitted to and approved in writing by the Local Planning Authority (including details of its siting, design and subsequent management / maintenance) and no dwelling shall be occupied until works for the disposal of sewage have been fully implemented in accordance with the approved details.

Reason : To prevent pollution of water bodies and to ensure the satisfactory drainage of the site and to prevent flooding, in accordance with policies W SP1 & W DM1 of the Arun Local Plan.  It is considered necessary for this to be a pre-commencement condition because the site drainage needs to be approved and implemented before the dwellings are occupied.

PCENGD2A – Engineers-Scheme for disposal Surface Water Drainage

Development shall not commence until full details of the proposed surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority.

The design should follow the hierarchy of preference for different types of surface water drainage disposal systems as set out in Approved Document H of the Building Regulations, the recommendations of the SUDS Manual produced by CIRIA.

Winter groundwater monitoring to establish highest annual ground water levels and Percolation testing to BRE 365, or similar approved, will be required to support the design of any Infiltration drainage.

No building shall be occupied until the complete surface water drainage system serving the property has been implemented in accordance with the agreed details and the details so agreed shall be maintained in good working order in perpetuity.

Reason : To ensure that the proposed development is satisfactorily drained in accordance with policies W SP1, W DM1, W DM2 and W DM3 of the Arun Local Plan. This is required to be a pre-commencement condition because it is necessary to implement the surface water drainage system prior to commencing any building works.

PCENGD4A (Drainage) Discharge/culverting of watercourses

The development shall not commence until formal consent has been approved in writing from the Lead Local Flood Authority (WSCC) or its agent (ADC) for the discharge of any flows to watercourses, or the culverting, diversion, infilling or obstruction of any watercourse on the site.  Any discharge to a watercourse must be at a rate no greater than the pre-development run off values.

Reason : To ensure that the proposed development is satisfactorily drained in accordance with policies W DM1 and W DM2 of the Arun Local Plan.  It is considered necessary for this to be a pre-commencement condition to protect existing watercourses prior to the construction commencing

PCENGD5A - Engineers (Drainage) Maintenance Manual

Development shall not commence until full details of the maintenance and management of the surface water drainage system is set out in a site-specific maintenance manual and submitted to, and approved in writing, by the Local Planning Authority.  The manual is to include details of financial management and arrangements for the replacement of major components at the end of the manufacturer's recommended design life.  Upon completed construction of the surface water drainage system, the owner of management company shall strictly adhere to and implement the recommendations contained within the manual.

Reason : To ensure that the proposed development is satisfactorily drained in accordance with polices W DM1, W DM2 and W DM3 of the Arun Local Plan.  It is considered necessary for this to be a pre-commencement condition to ensure that the future maintenance and funding arrangements for the surface water disposal scheme are agreed before construction commences.

PC ENV10 Env.Agency - BAP (protected species habitat)

Prior to the commencement of development a plan for the protection and/or mitigation of damage to <name BAP species / name BAP habitat>, both during construction works and once the development is complete and including management responsibilities, shall be submitted to and approved in writing by the local planning authority. The <name BAP species / BAP habitat> protection plan shall be carried out in accordance with a timetable for implementation as approved.

The scheme shall include the following elements:

Reason:   This condition is necessary to protect the <BAP species / BAP habitat> within and adjacent to the development site. Without it, avoidable damage could be caused to the nature conservation value of the site contrary to national planning policy as set out in Planning Policy Statement 1 and Planning Policy Statement 9. The <species / habitat> is identified under The UK Biodiversity Action Plan 1994 (UK BAP) identifies species and habitats of 'principal' importance" for the conservation of biological diversity nationally. These are listed for England under s41 of the Natural Environment and Rural

PCENV3 Env.Agency - Scheme for risk of contamination

Prior to the commencement of development the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

1. A preliminary risk assessment which has identified:

all previous uses potential contaminants associated with those uses

a conceptual model of the site indicating sources, pathways and receptors

potentially unacceptable risks arising from contamination at the site.

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved.

Where demolition is required 1. and 2. above should be submitted prior to demolition. Parts 3. and 4. can take place post demolition if necessary.

Reason: To ensure that the development complies with approved details in the interests of protection of the environment and prevention of harm to human health in accordance with Arun Local Plan policies QE SP1 and QE DM4. This is required to be a pre-commencement condition because these details have to be agreed and in place before any work commences.

PCENV6 Env.Agency - remediation strategy report

Prior to [commencement of development]/ [occupation of any part of the permitted development], a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long-term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

Reason:  To protect the environment and prevent harm to human health by ensuring that the remediated site has been reclaimed in an appropriate standard in accordance with Arun Local Plan policies QE SP1 and QE DM4.This is required to be a pre-commencement condition because these details have to be agreed and in place before any work commences.

PCFAB6 Fencing, bins & waste - Protection of monument

No development shall commence until fencing has been erected, in a manner to be agreed with the Local Planning Authority, around............... (insert name of monument); and no works shall take place within the area inside that fencing without the further written approval of the Local Planning Authority. The approved scheme shall be implemented and thereafter maintained for the period of construction.

Reason: To afford protection to the (Scheduled Ancient Monument) (Archaeologically Sensitive Area) in accordance with policy HER DM6 of the Arun Local Plan

PCLAW9   Landscaping & Wildlife - protection of trees

No development including site access, demolition or associated construction activities shall commence unless and until all the existing trees/bushes/hedges to be retained on the site have been protected in accordance with a scheme submitted to the Local Planning Authority. Within the areas so fenced off the existing ground must not be cultivated, nor must it be lowered or raised or added to by the importation and spreading of top soil unless agreed by the Local Planning authority. There must be no materials, temporary buildings, plant machinery or surplus soil shall be placed or stored thereon without prior written approval of the Local Planning Authority.

No trenching should occur within the protective fencing surrounding the Root Protection Area.  If roots requiring severance to allow for the passage of services is necessary then an arboriculturist would be required to assess and determine whether the loss of the roots would be detrimental to the continued health and stability of the affected tree.

Reason: To ensure the retention and maintenance of trees and vegetation which is an important feature of the area in accordance with policy ENV DM4 of the Arun Local Plan.

PCLBC12 Listed Building/Conservation - Sectional details

No development shall commence until sectional details through the window opening heads, which indicate the extent and location of the replacement concrete lintels, have been submitted to and approved by the Local Planning Authority and the lintels shall be provided and positioned in accordance with the approved details.

Reason:  To enable the Local Planning Authority to exercise the necessary statutory control over works likely to affect the character of the Listed Building in accordance with policy HER DM1 of the Arun Local Plan and the NPPF.

PCMAT5   Materials - sample panel

No development shall commence until a schedule of materials has been submitted to, and where so required by the Local Planning Authority sample panels of the external finishes (including the proposed texture, style, coursing and mortar ratio) have been constructed on the site, and approved by the Local Planning Authority and the materials and sample panels so approved shall be adhered to as the construction specification for the building/extension/wall.

Reason: To enable the Local Planning Authority to control the development in detail in the interests of amenity in accordance with policies D DM1, D DM4, HERDM1 of the Arun Local Plan.

PCMAT7 - Materials - Statement of Detail

No development shall commence until a schedule of materials and finishes to be used for external walls and roofs of the proposed buildings have been submitted to and approved by the Local Planning Authority. A 'statement of detail' shall be submitted setting out details of proposed windows and doors, details of the depth of recess/reveal from the brickwork, sills and lintels, brick bonding, brick detailing, eaves detailing and rainwater goods. The materials and 'statement of details' so approved shall be used in the construction of the buildings.

Reason: To enable the Local Planning Authority to control the development in details in the interests of amenity by endeavouring to achieve buildings of visual quality in accordance with policies D DM1/D DM4 of the Arun Local Plan.

PCPDR19 General Restrictions - Site Levels

Prior to the commencement of development a detailed level survey of the site including existing and resulting ground levels and the slab levels of the building the subject of this approval, shall be submitted to and approved by the Local Planning Authority. The development shall proceed only in accordance with the details thus approved and there shall be no subsequent raising of levels without prior written approval of the Local Planning Authority.

Reason: In order to safeguard the amenities of the area and neighbouring residents in accordance with policy D DM1 of the Arun Local Plan.

PCPDR6 GPDO Restrictions - Site Clearance

No development shall commence until all buildings and structures existing on the application site at the date of this permission have been demolished, the debris removed from the site and the site cleared.

Reason: In the interests of the amenities of the locality in accordance with policy D DM1 of the Arun Local Plan