If you plan to make alterations to your home, some historic planning conditions might apply to you.
When Latimer originally applied for planning permission to build the Water Meadow Place estate in 2017, Waverley Borough Council rejected the application, listing a variety of concerns with the proposed development. It was subsequently approved on appeal by a planning inspector appointed by the Secretary of State. When approval was given to build the estate, a set of conditions were attached to address the concerns raised.
Why it matters: These original planning conditions also apply to owners of houses on the estate. Planning permissions and any conditions attached to them run with the land, not with the original applicant or owner. This means that any subsequent owners are bound by these conditions, and any breaches of planning conditions can be enforced by the local planning authority against the current owner, regardless of whether they were the original recipient of the planning permission.
Planning conditions affecting all home owners
The original planning conditions can be found on Waverley Borough Council’s Planning website, under reference WA/2015/0789. For ease of reference the planning restrictions affecting all properties in Water Meadow Place are listed here:
Choice of materials, lighting and security features
4. No development on any phase shall take place until samples of the materials to be used in the construction of the external surfaces of the dwellings and care home on that phase have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. [See documents under Condition 4 – approved external surfaces]
6. No development shall commence until a detailed scheme of external lighting of the public areas has been submitted to and approved in writing by the Local Planning Authority. The development should be carried out in strict accordance with the approved details. [See documents under Condition 6 – approved lighting products. Also see our page on lighting rules]
8. No development shall take place until details to achieve Secured by Design accreditation have been submitted to, and approved in writing by, the Local Planning Authority. The development shall be carried out in accordance with the approved details. [Secured By Design requires all new-build properties to comply with Part Q of Building Regulations]
Garage conversions
5. The garaging hereby permitted shall only be used for the garaging of vehicles and domestic storage incidental to the residential occupation of the dwelling and at no time shall the garaging be used for habitable accommodation or commercial purposes. [Habitable accommodation is defined as “a room intended to be used for dwelling purposes, including a kitchen but not a bathroom or utility room.”]
Landscaping
14. Any trees or plants which, within a period of five years from the completion of that phase of the development; die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. [See documents under Condition 14 – planting scheme ]
Flood protections
23. The development hereby permitted shall be carried out in accordance with the following details:
a) Flood Risk Assessment (FRA) titled ‘Weyburn Works, Elstead’ reference number 132254-R1(1)-FRA dated 5 March 2015, prepared by RSK;
b) Drawing Number ‘Figure 3’, revision P2, dated 26 February 2015;
c) Drawing Number ‘Figure 7’, revision P1, dated 26 February 2015;
and the following mitigation measures detailed within:
a) finished floor levels are set no lower than 43.58 metres above Ordnance Datum (AOD);
b) there shall be no land raising with Flood Zones 2 and 3;
c) all fencing and gardens located in located in Flood Zone 3 shall be open (e.g. hit and miss fencing) and designed to allow the free flow movement of flood water.
[See documents under Condition 23 – flood risk]
38. No development shall commence until a surface water drainage scheme for each phase of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be based upon sustainable drainage principles and an assessment of the hydrological and hydrogeological conditions of the site and include timescales for the implementation and completion of the scheme. The scheme shall also include details of how it will cater for system failure or exceedance events on and off-site, as well as details of the flow control structure. The approved scheme shall thereafter be implemented in full and completed on each phase prior to first occupation of any dwelling on that phase. The completed approved surface water drainage scheme shall thereafter be retained at all times in the future. [See documents under Condition 38 – sustainable urban drainage]
Contaminated ground
[Remember, this estate was constructed on contaminated land, so there remains a small risk of finding contaminated soil if you undertake any major earthworks]
26. If, during the course of development, contamination not previously identified is found to be present on the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a Supplementary Remediation Strategy has been submitted to, and approved in writing by, the Local Planning Authority. The Supplementary Remediation Strategy shall detail how this unsuspected contamination shall be dealt with together with a timetable for implementation. The Supplementary Remediation Strategy shall be implemented as approved and a completion report shall be sent to and approved in writing by the Local Planning Authority prior to the recommencement of construction or other works on the site.
27. Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority. The development shall be carried out in accordance with the approved details.