Planning condition - one for the forum experts
Discussion
We are involved in a complex monitoring role for clients funding the construction of a new building in a London borough.
Today we were given a copy of the planning consent. It seems the LA made the developer jump through hoops inside other hoops to be honest but then we cam across this clause.....and I am paraphrasing.
"Of the workforce engaged in the construction of the building, 85% must be resident in the Borough"
Anyone come across this sort of condition before, and if so, how on earth could it be enforced?
Today we were given a copy of the planning consent. It seems the LA made the developer jump through hoops inside other hoops to be honest but then we cam across this clause.....and I am paraphrasing.
"Of the workforce engaged in the construction of the building, 85% must be resident in the Borough"
Anyone come across this sort of condition before, and if so, how on earth could it be enforced?
Does the condition on the approval not have a reason? Normally they are cross referenced back with a paragraph to the authority Local Plan or similar, ie "reason; to comply with section blah blah of the blah blah planning act etc etc"
I doubt it could be enforced unless the council will have a direct input into the tender process to make sure that only local contractors or subs are appointed. This may be the way then that they are able to discharge the condition.
However I have never seen anything like this before - which Democratic Peoples Republic of......sorry, local authority is it?
I doubt it could be enforced unless the council will have a direct input into the tender process to make sure that only local contractors or subs are appointed. This may be the way then that they are able to discharge the condition.
However I have never seen anything like this before - which Democratic Peoples Republic of......sorry, local authority is it?
^^^ What he said.
Sounds both unreasonable and unenforceable, but the planning consent should give a reason for the imposition of the condition that justifies it with reference to adopted local policy.
Either ignore it, or appeal to the Planning Inspectorate against the condition, who will almost certainly throw it out as being unreasonable.
Sounds both unreasonable and unenforceable, but the planning consent should give a reason for the imposition of the condition that justifies it with reference to adopted local policy.
Either ignore it, or appeal to the Planning Inspectorate against the condition, who will almost certainly throw it out as being unreasonable.
I'll get the paperwork out and expand on the information.
In this case it's not our problem to deal with but it struck us as impossible to enforce. The site is quite close to the borough boundary, so does that mean that a bricklayer living 400 yds away but over the boundary can't work on the site, but someone from the other end of the borough, 6 or 7 miles away can?
Similarly there is a condition that the proposed building has a 'very good' BREEM rating....to comply with the Councils policy on 'Global Warming'!
I suspect that in this Borough finding a workforce that can walk and talk at the same time is the real problem, let alone read and write!
In this case it's not our problem to deal with but it struck us as impossible to enforce. The site is quite close to the borough boundary, so does that mean that a bricklayer living 400 yds away but over the boundary can't work on the site, but someone from the other end of the borough, 6 or 7 miles away can?
Similarly there is a condition that the proposed building has a 'very good' BREEM rating....to comply with the Councils policy on 'Global Warming'!
I suspect that in this Borough finding a workforce that can walk and talk at the same time is the real problem, let alone read and write!
Isn't this the same that was suppose to be the case with the Olympic village? Workers from all over the world who of course are now living in one of the neighbouring boroughs because they are working on the site! Does this count as being a local resident?
The idea was to give work to unemployed people already living in the surrounding areas.
The idea was to give work to unemployed people already living in the surrounding areas.
Funnily enough, you might think it was the same Borough, I couldn't possibly confirm one way or the other.
From what limited contact I have had with the Olympic site I get the impression there are very few British workers on the site. I've also heard about recent issues with people being paid.
From what limited contact I have had with the Olympic site I get the impression there are very few British workers on the site. I've also heard about recent issues with people being paid.
This is very interesting and has sparked quite a discussion in our otherwise quiet office - so 
to start with!
The Condition seems enforceable under some strange 'encouraging local businesses and growth' policy....but I was more interested in seeing how far ahead you guys in London are than us up North.
Our LA's are just heavily making sure that all of their work (over £1m) is offered for tender to companies nation and world wide - it's something they are supposed to do. It's killing the local contractors!
Give it 5-6 years and we'll have similar Conditions on our Approvals....it's just full circle.
Keep us informed of how it goes!
to start with!The Condition seems enforceable under some strange 'encouraging local businesses and growth' policy....but I was more interested in seeing how far ahead you guys in London are than us up North.
Our LA's are just heavily making sure that all of their work (over £1m) is offered for tender to companies nation and world wide - it's something they are supposed to do. It's killing the local contractors!
Give it 5-6 years and we'll have similar Conditions on our Approvals....it's just full circle.
Keep us informed of how it goes!
One of my colleagues is dealing with this and we are trying to find it again so I can quote the relevant passage.
It begs a lot of questions about commercial freedom though. We tend to use 3 or 4 contractors for all of our work, which is nationwide. They source some work local to the site, but the majority travel as they are reliable and known to the clients, i.e me, and are reliable.
If I was putting a project to tender in Oldham (as I almost did last year) that had the same condition attached, how can I go about selecting an appropriate contractor, whom I could then rely on to satify a planning condition that is ultimatley my clients responsibility to comply with.
It begs a lot of questions about commercial freedom though. We tend to use 3 or 4 contractors for all of our work, which is nationwide. They source some work local to the site, but the majority travel as they are reliable and known to the clients, i.e me, and are reliable.
If I was putting a project to tender in Oldham (as I almost did last year) that had the same condition attached, how can I go about selecting an appropriate contractor, whom I could then rely on to satify a planning condition that is ultimatley my clients responsibility to comply with.
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