As part of my planning approval there is a requirement for a diminishing course slate roof using local green or local blue/grey slate "local being slate mined or quarried in the National Park".

I now find that there is only one quarry within the National Park and hence a supply monopoly. Is it right that the planners should be imposing an absolute requirement to buy Lord Soansos very expensive and monopolistic slate, what ever happen to the competition rules?

In my experience National Park planning authorities, and their conditions, are a joke.

Planning conditions can be challenged if they don't meet the rules in here...

http://planningguidance.planningportal.gov.uk/blog/guidance/use-of-planning-conditions/application-of-the-six-tests-in-nppf-policy/

Quote:

•A condition must not be imposed unless there is a definite planning reason for it, ie it is needed to make the development acceptable in planning terms.

•If a condition is wider in scope than is necessary to achieve the desired objective it will fail the test of necessity.
End Quote

You could argue that the condition is not "necessary" to make the application acceptable. For example I doubt the application could have been refused if you specified another slate that looked similar/identical to local slate. So requiring one sourced from within the national park would appear to fail at least one of the tests. Consider appealing the condition.

You should also check local planning policies - is there a general policy of requiring materials to be sourced locally for other reasons? Are they valid planning reasons?

If you won at appeal I'm pretty sure the appeal inspector would modify the condition so that you are required to submit samples of alternative slates for approval to the planners. You can expect them to be very fussy.

I think the snowden example relates to European procurement rules by a public body. The principle may not be transferable here.
the challenge to the condition by appeal seems most sensible, if the cost and time of such challenge fits with the development timeline!.

Posted By: CWattersOh boy...

http://www.eryri-npa.gov.uk/visiting/hafod-eryri/new-summit-building/sourcing-materials

"Under European law the Authority cannot insist that local people use local materials only."

An earlier paragraph looks even more germane:

"4. The use of granite for the building has caused some concern, particularly as the impression is that the National Park Authority insists that local people use local materials. Isn’t this double standards by the Authority?

"Under European law the Authority cannot insist that local people use local materials only. The Authority encourages people to use natural materials wherever possible and preferably from local sources. In the case of roofing slate, the Authority places a condition stipulating local slate or an equivalent in terms of colour, texture and weathering characteristics. Up to the 1980s it is true that the Authority required only Welsh slate but it lost a legal case and the advice that we received from solicitors in this case is that we would be in breach of European treaty principles if we stipulated in the contract that the contractor must use local materials only."

I think I'd certainly find a local solicitor that specializes in planning law and have a chat.

Posted By: Peter_in_HungarySo I'm left wondering who in the planning dept. has a relative with shares in the local slate quarry.

Quite!

In reality no one is going to check the source of your building materials, you just need to ensure the end result looks like the local stuff. The LA do not monitor the construction process, they usually do not even check it is completed according to plan, it is down to a third party complaining.

Do you find that with slate Monopoly the houses and hotels last longer....?

Posted By: Greenfish

Posted By: Peter_in_HungarySo I'm left wondering who in the planning dept. has a relative with shares in the local slate quarry.

Quite!

In reality no one is going to check the source of your building materials, you just need to ensure the end result looks like the local stuff. The LA do not monitor the construction process, they usually do not even check it is completed according to plan, it is down to a third party complaining.

This. Don't waste your time appealing it, just do what you need to do. Based on the advice above they'd be laughed out of court if they tried to enforce the condition.

However, at least get a quote for local supply. From a green perspective not transporting slate from China is a positive and it will help keep local people in employment.

Bit about slate mines on the radio this morning:
http://www.bbc.co.uk/programmes/b04brrjl

Posted By: TriassicAs part of my planning approval there is a requirement for a diminishing course slate roof using local green or local blue/grey slate "local being slate mined or quarried in the National Park".

Good job planning departments are a new thing else we would still live in mud huts with straw roofs.....

Posted By: borpinstraw roofs

but only if you buy straw from Lord Soananso's farm.

I had considered second hand slate, but having visited a number of potential suppliers I was not impressed with what was available. I also worry about quality having never used second hand slates for a whole roof. Anyone got any experience of such things?

We used 40% original (street facing elevation) , 40% reclaim (rear elevation) and 20% new (on a side that would be covered by PVs anyhow)

The builder commented that the reclaims were in much better condition than the original ones that we used - and he used the best of the original bunch.

If I remember I will try and dig out where we got them from - I have the paperwork in a drawer somewhere.

Posted By: Yanntoegreener than Burlington Green (there's a pun in there somewhere)

You mean Burlington Bertie?