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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

pre-commencement conditions and expiry of planning consent

Former Member, modified 10 Years ago.

pre-commencement conditions and expiry of planning consent

I would be so grateful for advice on whether works undertaken before pre-commencement conditions are satisfied are in fact unlawful. The conditions relate to installation of wheel-cleansing equipment, dust control, parking provision for site operatives and visitors, engineering works being undertaken over a public right of way before the route has been diverted. The work being carried out is not keeping to the approved methods as passed by the LPA, for example measures to protect the river during excavations; work is being undertaken well outside the permitted hours, etc etc. Work began three weeks ago, and the expiry date of the planning consent is today, 5th August. If the works that have been carried out to date are unlawful because of failure to satisfy pre-commencement conditions, and as the deadline for works to begin has now passed, then does that mean that the planning consent falls? Any advice would be very gratefully received. Kath
Former Member, modified 10 Years ago.

Re: pre-commencement conditions and expiry of planning consent

Kath, You need to get hold of a judgement called Hart Aggregates v Hartlepool Borough Council [2005] EWHC 840 (Admin). Google jot and you should find a copy This sets out what are genuine pre-start conditions and pre-start conditions that can be discharged later but during the time when the permission is 'live'. As you will see from reading the judgement these are complicated matters. You do not say what your status or knowledge is and, not for the first time on this website, you may be best advised to consult a professional, either planner, planning solicitor or barrister. Les
Former Member, modified 10 Years ago.

pre-commencement conditions and expiry of planning consent

 

I would just point out that even if it s found that the prior to commencement condition has not been complied with this means the works are unauthorized, that is carried out without the benefit of permission, they are not unlawful