Discharging Planning Conditions: A Guide to Fulfilling Landscape Requirements
Posted on 14th October 2024 at 13:22
Discharging planning conditions refers to the process of meeting the requirements set out by a local planning authority, often necessary before development can proceed or before occupation is permitted.
This typically involves submitting detailed plans and documents to prove that the conditions imposed on the planning permission have been satisfied.
A typical landscape condition might read as follows:
"Notwithstanding the details shown on the approved plans, the development hereby permitted shall not be occupied until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Local Planning Authority.
The details shall include hard surfaced areas and materials, planting plans, specifications and schedules, existing plants/trees to be retained, and a scheme for the timing/phasing of implementation works.
The landscaping works shall be carried out in accordance with the approved scheme for timing/phasing or within the next planting season following occupation, whichever is sooner.
Any trees or shrubs planted or retained in accordance with this condition which are removed, die, or become seriously diseased within 5 years of planting shall be replaced in the next planting season by trees or shrubs of similar size and species."
But how do you discharge a landscape condition like this?
Steps to Discharge a Landscape Condition:
1. Review the Condition: Carefully read and understand the specific requirements of the condition imposed by the local planning authority. Take note of any deadlines or specific details.
2. Develop a Landscape Plan: Prepare a detailed landscape plan that addresses all the elements required in the condition. This may include:
Proposed planting schemes
Planting schedules and specifications (e.g., size, species, densities)
Hard landscaping features (e.g., paths, terraces)
Details of any earthworks or banks to be formed
3. Engage a Landscape Architect or Designer: If you lack expertise in landscape design, it’s advisable to hire a chartered landscape architect or designer. A professionally developed landscape plan can meet the conditions and align with the aspirations of your project, whether you’re working on a budget or aiming for a high-end design.
4. Submit the Landscape Plan: Submit the landscape plan to the planning authority, ensuring that you include all necessary documentation such as:
Drawings
Specifications
Plant lists
Any other supporting material mentioned in the condition
5. Address Feedback or Modifications: The planning authority may provide feedback or request changes to the submitted plan. Respond promptly to any queries or revision requests to avoid delays in the approval process.
6. Obtain Approval: Once the landscape plan is approved by the local planning authority, you have the green light to proceed. This approval might be required before starting the development or before its occupation.
7. Implement the Landscape Works: Carry out the approved landscape works according to the specified requirements and within the designated timeframe. This could involve planting trees, installing hard landscape features, or completing earthworks.
8. Document and Provide Evidence: Keep detailed records of the landscape works, including photos, invoices, receipts, and any other evidence that demonstrates compliance with the condition.
9. Notify the Planning Authority: Once the works are complete, formally notify the planning authority in writing to confirm that the landscape condition has been fulfilled.
10. Obtain Confirmation: The planning authority will review the completed works and, if everything meets the approved specifications, they will issue confirmation that the landscape condition has been discharged. Keep a copy of this confirmation for your records.
Conclusion
Successfully discharging a landscape condition requires careful attention to detail and compliance with the specific requirements laid out by the planning authority. Engaging with a qualified landscape architect and submitting comprehensive documentation are key steps in ensuring a smooth process.
Since procedures and requirements may vary by authority, always consult directly with the relevant planning body to clarify any uncertainties.
For further information, please contact Hilary Newhall CMLI hilary.at@llchange.co.uk | 07955728562
www.allchange.consulting
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