Circular 4/1998
E. LANDSCAPE
1. Landscaping
Circular Ref Design and Landscape Paras 74-76
a. Development shall not begin until details of the scheme of hard and soft landscaping works have been submitted to and approved in writing by the planning authority. Details of the scheme shall include (as appropriate):
i. existing and finished ground levels in relation to a fixed datum preferably ordnance
ii. existing landscaping features and vegetation to be retained and, in the case of damage, restored
iii. location and design, including materials, of walls, fences and gates
iv. soft and hard landscaping works
v. existing and proposed services such as cables, pipelines, sub-stations
vi. other artefacts and structures such as street furniture, play equipment
vii. programme for completion and subsequent maintenance.
b. Details of the scheme of soft landscaping works shall include (as appropriate):
i. indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration
ii. location of new trees, shrubs, hedges and grassed areas
iii. schedule of plants to comprise species, plant sizes and proposed numbers/density
iv. programme for completion and subsequent maintenance.
c. All hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the planning authority.
d. Development shall not begin until details of earthworks have been submitted to and approved in writing by the planning authority. Details shall include existing and proposed levels (in relation to a fixed datum, preferably ordnance) and contours in relation to surrounding vegetation and landform (with datum levels). Development shall be carried out in accordance with the approved details.
e. Existing trees and shrubs as shown on [ specify drawing reference] on the site shall not be lopped, topped, felled, removed or disturbed in any way without the prior written consent of the planning authority.
f. Development on the site shall not begin until trees marked for retention on [ specify drawing reference] have been protected by suitable fencing. Details of this fencing shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.
g. During construction work on the site, including the laying of services, no excavation shall be undertaken under the crowns of trees.
h. Before development begins a scheme for the maintenance of open space, including play areas, within the development shall be submitted to and approved in writing by the planning authority.
i. Any trees or shrubs, including hedges on the site which, in the opinion of the planning authority, are dying, severely damaged or diseased within [ specify] years of planting shall be replaced by trees or shrubs of a similar specification to those originally planted.
2. Play Areas - Submission of Scheme
Before development begins a scheme for the provision of a play area as outlined [ specify drawing reference] shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given. Details to be submitted include-
i. type and location of play equipment, seating, fences, walls and litter bins
ii. surface treatment of the play area
iii. proposals for the implementation/phasing of play area(s) in relation to the construction of houses on the site.
3. Play Areas - Implementation
All works required for the provision of play area(s) shall be completed in accordance with the scheme approved in writing by the planning authority.
Example of an unacceptable condition
- Provision of Dog Fouling Areas and/or a scheme shall be developed by the applicant.
- Explanation - This condition fails the test of relevance to planning.
F. NATURAL HERITAGE
1. Restrictions on Development
a. No development, including the deposit of materials during construction and the deposit of waste materials, shall take place in the area hatched [ specify drawing reference].
Circular Ref: Nature Conservation and Landscape Paras 71-73
b. No construction or engineering operations shall take place on site between [ specify dates], which period coincides with the breeding season of [ specify].
2. Footpath Links
Before development on the site begins details of a footpath link between points A and B on [ specify drawing reference] shall be submitted to and approved in writing by the planning authority. The footpath shall be constructed in accordance with the approved scheme within [ specify] of the planning authority's written approval of the scheme.
3. Species Protection
Before development on the site begins, a scheme for the protection of [ specify] shall be submitted to and approved in writing by the planning authority. Any [ specify works or actions] shall thereafter be carried out in accordance with the approved scheme.
G. BUILT HERITAGE
1. Building Details
Details of the design of doors/windows [ specify] and other architectural details [ specify] shall be submitted to the planning authority in the form of drawings at a scale of [ specify]. The drawings should include dimensions of doors/windows, materials [ specify], etc. No work shall begin until written approval of the planning authority to the details has been given.
2. Stone Cleaning
Details of the justification for and proposed method of stone cleaning shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.
3. Stone Pointing
Details and specifications of the proposed stone pointing shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.
4. Harling
Details of the proposed harling shall be to the planning authority and no work shall begin until written approval of the planning authority has been given to these details.
5. Materials
Samples of materials [ specify] to be used in the development shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.
6. Replacement of Natural Stone
The coursing and surface finish of the replacement stonework shall match, in terms of texture and appearance, the stone on the existing/adjoining building(s) [ specify as appropriate]. A sample shall be submitted for the consideration of the planning authority and no work shall begin until written approval of the planning authority has been given.
7. Archaeology
a. No development shall take place within the site until a scheme of archaeological investigation (including a timetable) has been submitted to and approved in writing by the planning authority.
Circular Ref: Archaeology Paras 79-80
b. No development shall take place until fencing has been erected in a manner and position to be agreed with the planning authority at [ specify name of monument]; and no development shall take place within the fenced area until the prior written approval of the planning authority has been given.
c. The developer shall afford access at all reasonable times to any archaeologist nominated by the planning authority and shall allow him to observe work in progress and record items of archaeological interest.
Note: In relation to Model Condition G7c above, conditions should not require work to be held up while archaeological work takes place, although some developers may be willing to allow this.
H. TRANSPORT
1. Means of Access
The building/use [ specify] hereby permitted shall not be occupied/commenced until vehicular, cycle and pedestrian access routes have been constructed in accordance with the approved plans.
Circular Ref: Traffic and Transport Paras 56-64
Examples of unacceptable conditions
- To require that the applicant shall construct an ancillary road as and when required by the planning authority.
Explanation - This is imprecise and unreasonable.
- To require that the land in front of the buildings shall be made available for future road widening.
- Explanation - There should be no requirement to make land available, although a condition could be framed to reserve land for future development.
2. Access for Disabled People
Development on the site shall not begin until a scheme indicating the provision to be made for disabled people to gain access to and within the site, including provision for parking, has been submitted to and approved in writing by the planning authority. The agreed scheme shall be implemented before the building/use is occupied/commenced.
Circular Ref. Access for Disabled People Para 110
3. Visibility Splays
No building or other structure or tree or shrub exceeding [ specify] metres in height shall be allowed in the area shown on [ specify drawing reference].
4. Parking
The car parking spaces shown on [ specify drawing reference] shall be constructed and surfaced in accordance with the approved details before the building hereby permitted is occupied.
Example of an unacceptable condition
- To require that loading and unloading, and the parking of vehicles, shall not take place on the road at the front of the premises.
- Explanation - This condition seeks to exercise control in respect of a public road, which is not under the control of the applicant.
5. Cycle Racks
Before development on the site begins, details of a bicycle racking system for [ specify number] bicycles shall be submitted to and approved in writing by the planning authority. The approved racking system shall be installed before the building is occupied.
6. Public Transport
Development shall not begin until details of the proposed bus/railway station(s) or stop(s) within the site have been submitted to and approved in writing by the planning authority. The development shall not be brought into operation until the station(s) or stop(s) have been constructed in accordance with the approved plans.
Circular Ref: Public Transport Paras 57-59
I. ENVIRONMENTAL CONTROLS
1. Noise
Circular Ref: Noise Para 70
a. Minimising the effect of noise on new noise sensitive development
Development shall not begin until a scheme for protecting [ specify development] from noise from [ specify sources] has been submitted to and approved in writing by the planning authority. The [specify development] shall not be brought into use until the measures in the approved noise prevention scheme operate to the satisfaction of the planning authority.
b. Restricting noise from industrial or commercial development
i. [ Specify activities] should not take place within [ specify where].
ii. The level of noise from the site shall not exceed [A] dB between [ specify time] and [A] dB at any other time. The level of noise from the site is to be measured [ specify location(s)].
Note: A - noise level expressed a L Aeq,T over a time period X (eg1hour). Conditions on noise must be tailored to particular circumstances and should be drawn up in consultation with environmental health officers.
2. Contaminated Land
Circular Ref: Development of Contaminated Sites Paras 65-68
Development shall not begin until a scheme to deal with contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:
i. the nature, extent and type(s) of contamination on the site
ii. measures to treat/remove contamination to ensure the site is fit for the use proposed.
iii. measures to deal with contamination during construction works
iv. condition of the site on completion of decontamination measures.
Before any [ specify e.g. residential/commercial/business/retail] unit is occupied the measures to decontaminate the site shall be fully implemented as approved by the planning authority.
3. Drainage/Sewage Disposal
None of the dwellings shall be occupied until the drainage/sewage disposal works have been completed in accordance with the submitted plans.
4. Hot Food Shops
The hot food shop shall not start trading until the flue and ventilation systems are operational in accordance with details approved in writing by the planning authority.
Example of an unacceptable condition
- Certification by ventilation engineer that kitchen equipment will meet prescribed standards.
Explanation - This is not a matter for planning legislation.