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Building Regulations and Standards: Putting steel frame on site before LPA conditions approved

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  1.  
    • CommentAuthordiscotroll
    • CommentTimeAug 23rd 2017
     
    Hi -

    I hope I've chosen the right section for this question.

    We've actually managed to get planning permission for our upcycled self-build home and are in the process of getting a number of conditions approved before we start works on site. These relate to things such as sound attenuation for the final build, tree protection, archaeological survey for the foundation dig-out - nothing too problematic.

    As the main structure is to be of steel and delivered to site by truck, could this be placed on the site (NOT where it is going to eventually be sited - just sat there, on the ground) before we've got conditions signed-off, building control happy with the plans, etc?

    As mentioned, there'll be no actual construction works undertaken until conditions are approved but this would enable us to do prep-work to the steel and not lose months waiting for conditions sign off, test pits dug for foundations, etc, before we get the main frame delivered.

    Bit of an odd one - but then again it's a bit of an odd development...

    Thanks in advance for thoughts,

    DT.
  2.  
    I really cannot see how the putting (not, as you say, installation) of the frame on the site could be seen as development (but I am not any sort of Planning expert). I assume, from what you have said, that there are no footings yet, and I infer that once the footings go in the conditions will have been discharged anyway (?).
    • CommentAuthorCWatters
    • CommentTimeAug 24th 2017
     
    Have you got your CIL exemption paperwork sorted? If not then I think starting on site makes you ineligible! Check what it says at the top of the form carefully.
    • CommentAuthorCWatters
    • CommentTimeAug 24th 2017
     
    https://ecab.planningportal.co.uk/uploads/1app/forms/form_7_self_build_part_1_exemption_claim.pdf

    "An exemption for a self build home must be granted prior to the commencement of the development AND a Commencement (of development) Notice must be received by the Charging/Collecting Authority prior to the date of commencement of the development. The applicant will otherwise be liable for the full levy charge."
    • CommentAuthordiscotroll
    • CommentTimeAug 24th 2017
     
    Thanks for the input - the devil really does seem to be in the detail as to what constitutes us starting on site. On the one hand all the conditions relate to physically breaking-ground but, as you point out, we certainly don't want to fall foul of losing our CIL exemption...
    •  
      CommentAuthordjh
    • CommentTimeAug 25th 2017
     
    In terms of discharging the planning conditions I don't think that putting something on the site constitutes a start of work, but I would ask the council specifically in writing to confirm their attitude. As well as the CIL gotcha, I think some councils object to building sites with things left on them, partly visual amenity when people tip rubbish and partly change of use to storage. But I don't remember how they enforce such objections. Again talking to the council would make it clear they don't object.
    • CommentAuthorCWatters
    • CommentTimeAug 25th 2017
     
    No details but it does happen..

    https://www.homebuilding.co.uk/cil-exemption-confirmed/

    "While self builders are usually exempt from paying the Community Infrastructure Levy (CIL), an inspector has dismissed one family’s appeal against Croydon Council’s decision to refuse exemption. This came after the council found that the family had already started work on site before the council had confirmed their qualification for exemption."

    Definition of "commencement" can be found here but it's a bit vague in places..

    http://www.legislation.gov.uk/ukpga/1990/8/section/56
    • CommentAuthordiscotroll
    • CommentTimeAug 25th 2017
     
    *WOW* - that definition of commencement manages to be both vague and massively over-detailed at the same time! :bigsmile:

    Still gives some clues...

    I can understand the concern regarding change-of-use and the site not ending up what has been approved.

    The steel structure would be delivered *after* we've got our CIL exemption in our sweaty little hands and the majority of our conditions signed off. The only outstanding condition I think will be our archaeology method statement which relates totally to the digging out process so might be okay. I'll give my LPA a nudge next week and see how the land lies....

    Again the input has been brilliant so big thanks to you all! :cool::cool:
    • CommentAuthorCWatters
    • CommentTimeAug 26th 2017 edited
     
    Ok the only question I have is over the Commencement (of development) Notice. Can the council refuse to acknowledge receipt of that if you send it to them before getting your planning conditions discharged?

    Edit: I mean in the general case not yours specifically.
    •  
      CommentAuthordjh
    • CommentTimeAug 28th 2017
     
    Posted By: CWattersOk the only question I have is over the Commencement (of development) Notice. Can the council refuse to acknowledge receipt of that if you send it to them before getting your planning conditions discharged?

    I don't see how you could send a Commencement Notice until you have got your conditions discharged, since the notice includes the date on which you intend to start development. You don't know what that date is (specifically you don't know the earliest possible date) until you have discharged the [pre-development] conditions.

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