Interpretation of Planning Condition
- This topic has 25 replies, 9 voices, and was last updated 16 years, 1 month ago by
.
- Posts
I’ve had a few hairy and nonsensical dealing with planners in my time – that’s why I do not want to go near them! 🙂 The phrase ‘kicking to touch’ comes quickly to mind in relation to dealing with them.
@DOC wrote:
I’ve had a few hairy and nonsensical dealing with planners in my time – that’s why I do not want to go near them! 🙂 The phrase ‘kicking to touch’ comes quickly to mind in relation to dealing with them.
The ball, as they say, is in your court.
🙂
ONQ.
Was there ever any decision made regarding this and the route you’ll take?
Some comments on various issues raised throughout.
Texture: doesn’t only refer to surface texture of a single tile but rather the whole roof. I think we all know that, weather or not you want to admit it in the case of maintain your design.
Existing house: i think we all know that this refers to a match to the original roof and area, and not simply that the new matches the existing roof when complete. I think going down this route actually weakens our arguement and makes it look feable.
Copy/Paste on tiles/slates. I’m not so sure on this one. I don’t think this proves it was a copy and paste job. Its much more likely to cover all the unknown. If they simply say slates only in conditions, there would surely be a case where a house was in finished in what were technically tiles, or visa versa and the condition could be argued as technically irrellevant.
At the end of the day, its your opinion and PI on the line.
and, being honest, if the client was truely happy that the choosen mini tile matched the existing and it was ok to go ahead then this discussion would never taken place.One route is to submit a sample to LA and hope to get a go ahead. This will cover you, regardless of their original intent with the condition.
to be thats the best option, the exemption option isn’t a runner imo.
Asking ABP is likely to go nowhere.Bren
@Bren88 wrote:
One route is to submit a sample to LA and hope to get a go ahead. This will cover you, regardless of their original intent with the condition.
Hi Bren
Have discussed and written to the client the various interpretations that could be taken from the conditions, possible outcomes, good to bad, and various means how clarification could be sought.
As you suggest above, I have recomended to the client that I make a submission to the LA outlining our interpretation and showing tile intended, afterall they enforce planning conditions.
Just waiting on client to confirm back to me (in writing) what he wants me to do. If the client chooses to instruct me not to make a submission, so be it, the client is aware of the potential outcome.
One other issue that came to light/is thrown into the mix is that I got builder to strip off a few original roof tiles and the original roof tiles are actually green! I’m sure a green roof certainly was not the intention of the LA or ABP! :p
Came across a great phrase while considering (this is quoted by David Keane in relation to planning) – de minimis non curat lex (“the law does not concern itself with trifles”).
I hope you are getting paid for all this tile style work!
@DOC wrote:
Just waiting on client to confirm back to me (in writing) what he wants me to do. If the client chooses to instruct me not to make a submission, so be it, the client is aware of the potential outcome.
Who is signing the opinion on compliance with planning? It’s your PI.
Have everything in writing from the client.One other issue that came to light/is thrown into the mix is that I got builder to strip off a few original roof tiles and the original roof tiles are actually green! I’m sure a green roof certainly was not the intention of the LA or ABP! :p
Probably not, but it says existing not original.
If the tiles have faded or darken, you’d try to match the current colour.That of course is in terms of a roof that integrates with the new one or a more definitive condition from the LA.
- You must be logged in to reply to this topic.
