Commencement Notice / Planning Conditions

db

This subject was briefly touched on in a previous thread. I have a condition in my planning that no development shall commence on the house until the LA are satisfied as to the water quality and quantity. Should I send in the commencement notice prior to starting on the well or bore the well, agree the results and then send in the commencement notice?

Also, should I send in the development fees with the commencement notice or separately?

Thanks

archtech

I would address the planning conditions before sending in either the commencement notice or payment of the development charges. What I've done in the past is wrote to the Council advising that pre-development works are commencing with the view to addressing the planning conditions and that the commencement notice and development charges will follow suit once all necessary conditions have been addressed and the project is ready to proceed. The Planning Authority have never had a problem with this and normally write a letter to acknowledge mine and everyone is covered.

It would be very hard to get money back off any council these days. At least you have some hope of them agreeing the condition within a reasonable time frame , if you have cash in hand ready to give to them once the condition is agreed. Local authorities need the money these day every bit as much as you need the condition agreed.

muffler

db wrote: »

This subject was briefly touched on in a previous thread. I have a condition in my planning that no development shall commence on the house until the LA are satisfied as to the water quality and quantity. Should I send in the commencement notice prior to starting on the well or bore the well, agree the results and then send in the commencement notice?

I doubt if the condition is worded as mentioned. The permission isn't or shouldn't be subject to confirmation of a service provision that you had already indicated. That aside you should get cracking on the water issue and then submit your commencement notice.

db wrote: »

Also, should I send in the development fees with the commencement notice or separately?

The development contributions are paid separately. The commencement notices are checked by planning staff to chase up anyone who has commenced work but has yet to pay the contributions. If it's any help to you most if not all LA's will accept stage payments over 2 or 3 years.

db

muffler wrote: »

I doubt if the condition is worded as mentioned. The permission isn't or shouldn't be subject to confirmation of a service provision that you had already indicated. That aside you should get cracking on the water issue and then submit your commencement notice.

The exact wording is "No development shall commence on the house construction until the Planning Authority is satisfied that the proposed well can provide an adequate water supply to the house with respect to water quality and quantity."

The well is part of the development and we will need to have access into the site for the drilling rig so in order to comply with the planning we will have to start the development. It causes a bit of a problem though because to comply we will have to do some work then get the well bored and tested before we can start on the house. I was wondering if anyone else had come across this condition and how they dealt with it.

muffler wrote: »

The development contributions are paid separately. The commencement notices are checked by planning staff to chase up anyone who has commenced work but has yet to pay the contributions. If it's any help to you most if not all LA's will accept stage payments over 2 or 3 years.

Our contributions are quite small < €500 so not that big a deal.
Thanks.

DOCARCH

I would suggest the drilling of the well or the well itself is not development.

Therefore I would go ahead and drill the well and/or do whatever necessary tests you need to do, make submission to LA - if all is o.k., then, when you are ready to start building the house, submit Commencement Notice and pay contributions.

Bear in mind that a Commencement Notice is in relation to Building Control/Building Regulations and has nothing to do with planning - it is submitted to the Building Control Section of the LA (rather than the planning department). Works that are subject to planning but not subject to Building Regulations do not require a Commencement Notice to be submitted.

muffler

Agree fully with the above.