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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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  1.  
    We're finally getting underway with signing off the conditions on our plot. It was bought with full planning consent (and a whole heap of related conditions), obtained by the vendor, for a new house on land formerly at the end of their garden. We are not commercial developers, just trying to build our first house to live in.

    Our application for discharge of conditions was just rejected as the application fee was considered incorrect. Apparently the Local Authority regard this as a 'non-householder application', despite the fact it's just for one dwelling.

    Digging around on the planning portal produced no detailed guidance but I'm assuming that, as the original application (by the vendor) was to effectively change the number of dwellings, it would have been deemed a non-householder application?

    As the new owners, I'm gradually realising that our circumstances seem to have no bearing but wondered if anyone else had made the case for changing the nature of an application? The difference in fees is about triple that for a householder application, so it would be good to know if we're being wrongly charged..!
  2.  
    Householder is works to an existing house e.g. an extension or any garden building that needs permission.

    You are applying to discharge the conditions on a permission to build a new house.
    The fee for discharge of conditions is usually £195, you should only have to pay one fee if you submit all the details required in one application. They will confirm in writing that the details are acceptable.

    Unless the permission is an outline permission, in which case you will be applying for approval of reserved matters, in which case the fee is £385

    Is this the amount that you are being asked for?
    •  
      CommentAuthornigel
    • CommentTimeDec 15th 2015
     
    A householder application is normally for an extension to an existing dwelling.

    Yours would be a full application.
    • CommentAuthorCWatters
    • CommentTimeDec 16th 2015
     
    What Dominic said. The charge is "per request" not "per condition" so best do them all at once.
  3.  
    Thanks for the comments everyone. I've accepted that I'm not (yet) a householder and paid the difference. :cry:

    Aiming to bundle the others into one application as suggested, but we needed this one out the way for the demolition to begin so had to get it in early. Couldn't wait for detailed landscape planting schedule etc. required by the other conditions.
  4.  
    If you want me to look it over quickly you can contact me on info(at symbol)ashtreeplanning(dot)com

    Cheers,
    Dominic.
    • CommentAuthorcjard
    • CommentTimeDec 16th 2015 edited
     
    Get used to paying lots of money for comparatively little in return when it comes to dealing with the council. That said, they certainly know what fee applies to what, and there's no incentive for them to mislead you on what is relatively black and white so you can be sure their they say you paid the wrong fee, then you paid the wrong fee. The real financial punishment comes later with guesswork like S106 agreements. "What do you think the end house will be worth? Oh, we think more. You owe 2 percent of that to pay for affordable housing in the district"

    I won't start..

    Not all conditions need necessarily be discharged to make a start, even if they have wording like "no development shall commence until.." but if you're unable to make yourself happy as to which of the conditions are precedent or unwilling to get into an argument wih the council over it (possibly in front of a judge) then it would make sense to jump to their tune- the path of least resistance perhaps leaves you most aggrieved for the shortest time.

    Ensure that none of your conditions prohibit or inhibit the disposal of the house without some requirement being met. If hey do, take advice from hmrc as to whether they affect your ability to make a vat reclaim. When dealing with hmrc write down all times, dates, reference numbers and conversation details. You may later come to rely on something you were told if a large sum of money is due to you and hmrc are arguing against refunding it. If any condition does affect your vat reclaim, you can only claim for vat incurred after the condition is discharged or removed
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