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  • FIRST POST
    • PThome
    • By PThome 8th Apr 18, 11:13 PM
    • 41Posts
    • 65Thanks
    PThome
    certificate of compliance with the Arboricultural Method Statement - Help
    • #1
    • 8th Apr 18, 11:13 PM
    certificate of compliance with the Arboricultural Method Statement - Help 8th Apr 18 at 11:13 PM
    Hi,

    I am very close to exchange and complete on buying a new build house, and I hope you can help me to understand a potential issue with a required certificate.

    I've received the "Property Title Report" and after analysing it everything seems ok to me, except one point. There is the following paragraph:

    "We are currently awaiting copies of the discharge in respect of condition 4 and 7 of the planning permission. Please note that occupation and completion of the purchase of the property cannot take place until these two conditions are discharged."

    I then decided to check the planning application documents and there is a recently (05/04/2018) submitted Document referring to this. In the document it says that condition 4 is Discharged, however referent to condition 7 it says:

    "No site visit reports have been received and it was noted on 19th May 2017 that no tree
    protection was in place during construction activities. Photographs are included below.
    I am therefore unable to support the statement submitted by ... and I am not
    able to recommend the discharge of condition 7
    ."

    The house is completed and ready to move in and we were going to more later this month... But, I don't understand what this means now! I cannot complete or occupy the property until this condition is discharged, however the Officer did not discharge it!

    Can someone help me to understand what does this mean? What happens next? Is this something that can potentially take a lot of time to resolve?

    Thank you very much in advance for any help!
Page 1
    • Tom99
    • By Tom99 8th Apr 18, 11:17 PM
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    Tom99
    • #2
    • 8th Apr 18, 11:17 PM
    • #2
    • 8th Apr 18, 11:17 PM
    What exactly did condition 7 say on the planning decision notice?
    • PThome
    • By PThome 8th Apr 18, 11:57 PM
    • 41 Posts
    • 65 Thanks
    PThome
    • #3
    • 8th Apr 18, 11:57 PM
    • #3
    • 8th Apr 18, 11:57 PM
    Hi Tom99,

    Thank you for your reply. In the Decisions notice it says:

    "Condition 7 - Determination Date: 5th April 2018
    Arboriculture - Signed Certificate of Compliance (Pre-occupation)

    No occupation of the development shall commence until a signed certificate of compliance with the Arboricultural Method Statement and tree protection plan by the appointed Arboriculturalist has been submitted to and approved in writing by the Local Planning Authority

    Reason: To ensure that trees to be retained are not adversely affected by the development proposals in accordance with Policy NE.4 of the ... Local Plan. To ensure that the approved method statement is complied with for the duration of the development.

    The approved Arboricultural Method Statement incorporated monitoring by the Project Arboriculturalist and the submission of site visit reports to the LPA. No site visit reports have been received and it was noted by the Council's Arboriculturalist on 19th May 2017 that no tree protection was in place during construction activities. The matters reserved by condition 7 are therefore NOT DISCHARGED."

    This is the only information I have access to.

    Thank you for helping.
    • zagubov
    • By zagubov 9th Apr 18, 12:22 AM
    • 15,516 Posts
    • 131,869 Thanks
    zagubov
    • #4
    • 9th Apr 18, 12:22 AM
    • #4
    • 9th Apr 18, 12:22 AM
    Does your solicitor not know what this could mean?
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
    • Tom99
    • By Tom99 9th Apr 18, 1:26 AM
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    Tom99
    • #5
    • 9th Apr 18, 1:26 AM
    • #5
    • 9th Apr 18, 1:26 AM
    It seems that a condition to do with protecting existing trees during the construction process was not complied with.

    This does not seem to be something the developer can put right retrospectively e.g. like change a specification of something, so what is the solution?

    I think I would talk direct to the planning officer and ask, where do we go from here, how can this condition be discharged?

    If they chose to, the planning dept can issue a breach of condition notice which will state what action the applicant has to take to discharge the condition.

    Maybe a report on the health of the trees concerned and confirmation that have/have not been damaged together with advice about what could be done to counter any damage would satisfy the planning dept.
    • davidmcn
    • By davidmcn 9th Apr 18, 8:31 AM
    • 8,548 Posts
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    davidmcn
    • #6
    • 9th Apr 18, 8:31 AM
    • #6
    • 9th Apr 18, 8:31 AM
    It sounds like an alleged breach of the planning conditions for the development, but not one which an individual houseowner can do much about (though possible that ultimately they would collectively be responsible for sorting it out if the developer fails to). I doubt it's crucial to the purchase proceeding.
    • PThome
    • By PThome 9th Apr 18, 9:56 AM
    • 41 Posts
    • 65 Thanks
    PThome
    • #7
    • 9th Apr 18, 9:56 AM
    • #7
    • 9th Apr 18, 9:56 AM
    Thank you for your replies. I've just arrived from holiday yesterday and was when I found out this information. I've immediately sent an email to my solicitor and I am now awaiting her reply. However I am stressed thinking the purchase will not be possible now or will take to long to sort out this issue, which means I may loose my buyer I was buying a new built house thinking would be a straight forward and fast process and now I am thinking it is the opposite

    Not sure what to do now... If I should go ahead with selling my flat and move to rental accommodation during the time of the issue to be sorted out or if I should wait and risk loosing my buyer and start all over again All process related to the sell of my flat is now ready and it is an investor that is interested to move as fast as possible...
    • silvercar
    • By silvercar 9th Apr 18, 10:21 AM
    • 37,795 Posts
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    silvercar
    • #8
    • 9th Apr 18, 10:21 AM
    • #8
    • 9th Apr 18, 10:21 AM
    Is this a development of lots of properties? If so, are you the first or have others moved in? Really the developer needs to sort this out.
    The minimum I would accept is that the developer agrees to fund any costs arising from the issue.
    If your lender is happy then your solicitor could agree an extra term in the contract for the developer to sort the issue.

    If you are buying from a small builder and this is the only house, it becomes more tricky.

    Retrospectively, what can the council do? If the current trees weren't protected, they could be damaged. so the council could make the developer plant a couple more trees?
    • Tom99
    • By Tom99 9th Apr 18, 10:29 AM
    • 2,644 Posts
    • 1,806 Thanks
    Tom99
    • #9
    • 9th Apr 18, 10:29 AM
    • #9
    • 9th Apr 18, 10:29 AM
    Thank you for your replies. I've just arrived from holiday yesterday and was when I found out this information. I've immediately sent an email to my solicitor and I am now awaiting her reply. However I am stressed thinking the purchase will not be possible now or will take to long to sort out this issue, which means I may loose my buyer I was buying a new built house thinking would be a straight forward and fast process and now I am thinking it is the opposite

    Not sure what to do now... If I should go ahead with selling my flat and move to rental accommodation during the time of the issue to be sorted out or if I should wait and risk loosing my buyer and start all over again All process related to the sell of my flat is now ready and it is an investor that is interested to move as fast as possible...
    Originally posted by PThome
    Ring the planning dept yourself, your solicitor is unlikely to do that.
    Then at the very least you will be better informed on how the issue is likely to proceed.
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