6th February 2006, 04:33 PM
Hi guys
I think you will find that you are on really dodgy ground trying to place a condition on planning permission that involves the submission of an archive from an intervention as this is considered in law as ultra vires (i.e. beyond the control of) the developer. The condition has to relate directly to the development and cannot force the developer to fund finds etc which do not remain with the developer. The best method is to advise the LPA not to discharge the condition until the submission of a report and ensure the contractor has submitted their archive before this point (and been paid by their client)
Steven
Steven
I think you will find that you are on really dodgy ground trying to place a condition on planning permission that involves the submission of an archive from an intervention as this is considered in law as ultra vires (i.e. beyond the control of) the developer. The condition has to relate directly to the development and cannot force the developer to fund finds etc which do not remain with the developer. The best method is to advise the LPA not to discharge the condition until the submission of a report and ensure the contractor has submitted their archive before this point (and been paid by their client)
Steven
Steven