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Housing - New Build: Planning conditions and ecological building

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  1.  
    Dear Illustrious Community,
    We have posted on here alot over the years and found a treasure trove of help....here's a somewhat obscure question - not sure which is the right category.
    We received pp in 2005 for 9 dwellings - so called "Eco houses". My husband and I worked hard for the PP as it was in a conservation area. The only reason we received pp was because of the nature of the building materials/energy efficiency and low impact on the natural environment.
    Amongst the conditions we were required to provide " a scheme for the provision and implementation of contamination investigation and remediation.....and the works carried out in accordance with the approved plans."
    There followed weeks of clearing and thousands of pounds spent on an professional contamination survey.

    Here's the question. A small but very unsympathetic developer has bought the two plots next to ours on which he has pp for block houses clad in wood....! Meantome he has brought discarded stuff he can't take to the recycling centre and dumped it all over the unbuilt on plot. we know he brings trailer loads of stuff like old washing machines, office chairs last, aerosols and loads of building waste from other "developments" of his and leaves it out in all weathers in great piles.

    This is one of the plots we spent much time and money on clearing of the rubbish dumped down here by the village for many years. Since it was a condition of building that we cleared the land before building do we have any grounds for the Planning Dept to enforce him to clear the land? A preliminary exploration with Planners doesn't look hopeful - They suggested writing to Environmental Health Who suggested they would only do anything if there were contaminants...Any pointers would be very much appreciated!
    Thanks, Carol
    • CommentAuthorEd Davies
    • CommentTimeDec 11th 2016
     
    Are those two plots of his part of the land your condition requires you to investigate and remediate or just adjacent? Had you completed the remediation at the time of the sale to him? Has the planning department accepted that you had completed the remediation at the time of the sale?

    In other words, though it's obviously frustrating and horrible, what does it have to do with you from a legal point of view beyond the normal nuisance-neighbour issues? That's intended as a proper question - I think we need to be clearer about the problem; it's not some sort of rhetorical brush off!
    • CommentAuthorringi
    • CommentTimeDec 11th 2016
     
    If you can show he is taken the items to the site, and assuming he does not have a licence to use the site for waste disposal, then he is breaking lots of laws....
    •  
      CommentAuthornigel
    • CommentTimeDec 11th 2016 edited
     
    Planning departments don't care too much about conditions on applications and enforcement is entirely discretionary.

    I think you are better off talking to environmental health or the environment agency, again they all prioritise action now so will only act if there is a significant issue.

    A slight aside but did you sell him the plots? its sounds like there should have been conditions on the sale to prevent this. I would check with your solicitor if anything was included in the contract?
  5.  
    The plots were sold by our partner who didn't do the work we did including going to the development control board...!
    Yes, the two plots are part of the land to which the conditions applied and were discharged. So his plot was very carefully cleaned up before he bought it.
    Ed, an interesting question...I guess because the over all vision was ours - He's not building to the standards we had agreed with planners though of course they've not held to the original vision and allowed resubmissions to go through that are small mcmansions.....it's depressing to look at and I care about the land and its health as well as the birds and mammals!
    Thank you Nigel, will ask our ex partner about this.
    ringi, yes, we've seen him bringing rubbish in.
    Thank you all!
    • CommentAuthorEd Davies
    • CommentTimeDec 11th 2016
     
    So the planning conditions, etc, are irrelevant - it's “just” an unpleasant neighbour and a frustrating, but legal, move away from your vision.

    Posted By: Carol hunterringi, yes, we've seen him bringing rubbish in.
    But Ringi asked if you could show that. If you had photos or something then EH might be more interested.

    On the other hand, perhaps you need to ask yourself if it's worth the aggro. If he's going to build on the land he'll have to clean it up anyway eventually so unless stuff is blowing over or it's likely to attract fly tippers it might be better to just ignore it for now.

    My neighbour's land has been fly tipped on adjacent to the entrance to my site which bothers me but I get on very well with him otherwise so I've limited myself to an occasional comment on the lines of “don't you worry that leaving it there will just attract more?”.
    • CommentAuthorCWatters
    • CommentTimeDec 11th 2016
     
    You talk about the planning conditions that you got but what matters are the conditions he got for his application and is he in breech of those.

    Planning conditions don't take effect if the permission they are attached to is not implemented.
    • CommentAuthorCWatters
    • CommentTimeDec 11th 2016
     
    If the rubbish is causing a rat problem you can complain about that and if serious enough enforcement action can be taken
  9.  
    A question further to the above....Is it actually illegal to bury rubbish/leftover building materials in the ground? If it is is then surely folks who buy the plot/house should be told that there is alot of rubbish buried under their lawn/garden...?
    • CommentAuthorDarylP
    • CommentTimeJan 30th 2017
     
    I think it is illegal.
    p/b is considered a 'contaminant' now...and should be disposed of correctly according to LA rules.
    Caveat emptor....:confused:
    • CommentAuthorEd Davies
    • CommentTimeJan 30th 2017
     
    I thought I read about people added scrap plasterboard to soil to improve it. Am I imagining that? Different perhaps for offcuts of new board vs old stuff with odd paint and so on soaked in.
  12.  
    Gypsum is used in agriculture as a soil balancer / conditioner. Plaster board has a high quantity of gypsum - however putting your old PB and off cuts straight on the ground may not be the the best way to use it (needs crushing, sieving then spreading) and I am not sure what the authorities would have to say about the practice. It wouldn't be the first time an authority banned something because they didn't know better!

    Oh! and just because gypsum can be good for some soils this doesn't mean you can dump any amount of it in one place whilst saying 'its a soil improver'
    • CommentAuthorCWatters
    • CommentTimeJan 31st 2017
     
    "Planning: Uncompleted Development and Derelict Sites"

    http://researchbriefings.files.parliament.uk/documents/SN00944/SN00944.pdf

    Quotes..

    "...the Town and Country Planning Act 1990 s.215 allows a local authority to serve a notice “If it appears to the local planning authority that the amenity of a part of their area, or of an adjoining area, is adversely affected by the condition of land in their area”. The notice can require steps to be taken to remedy the condition of the land."

    "Government guidance quotes the views of local planning authorities that it is “a relatively straightforward power to use and that it can deliver extremely good results”."
    • CommentAuthorCWatters
    • CommentTimeJan 31st 2017
     
    To bury "waste" legally you need an Environment Agency exemption certificate. I believe this even applies to farmers who want to put hardcore down on a track. To get one you have to meet some conditions.

    https://www.gov.uk/guidance/register-your-waste-exemptions-environmental-permits

    https://wasteexemptions.service.gov.uk/

    You can get an exemption to use waste instead of new raw materials (eg recycled hardcore)..

    https://www.gov.uk/guidance/waste-exemptions-using-waste

    If you burn and bury waste without one there can be a large fine..

    Landowner fined Ă‚ÂŁ10k for waste burned and buried illegally..
    http://www.torquayheraldexpress.co.uk/landowner-fined-pound-10k-waste-burned-buried/story-16311790-detail/story.html

    "The court heard that in 2010 McMaster engaged a building contractor to demolish an existing house and ordered tonnes of building rubble and mixed building waste to be transported to a field he owns near Totnes where some of it was buried or burned in contravention of an Environment Agency exemption certificate."
    • CommentAuthorCWatters
    • CommentTimeJan 31st 2017 edited
     
    How to report waste dumping..

    https://www.gov.uk/report-an-environmental-incident

    Suggests Crimestoppers or

    https://www.gov.uk/report-flytipping

    "Report fly-tipping or illegal waste dumping"
  16.  
    Thank you so much. i think the info from you, CWatters is all we need; most grateful.

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