Planning permission covenant advice on a semi detached

[navyaUK]

Hi, We have just received our planning approval but they have added a covenant (attcahed below) which from my research looks like one for conservation area, so finding it hard to understand its implication. Can anyone advice if we should contest this. Ex: Our choice of material is alu clad windows in grey for windows. . Can council object ? They have mentioned we need to match the neighbour but there are plenty examples where its not. We wanted to add grey cladding instead of red tiles above our bay window. roof tiles and color is same. Unsure about others . How can we get the covenant removed,as feels most of it falls under permitted development ? Appreciate your time and help
Covenant :
" Prior to commencement of above ground works, details of the materials to be used for the external surfaces of the building which shall include roof cladding, wall facing materials and cladding, window glass, door and window frames, decorative features, rainwater goods and paving where appropriate shall be submitted to and approved in writing by the Local Planning Authority."

Thanks again

They can do this.

We’ve looked at planning permissions granted to our neighbours as we are looking at works ourselves and type of bricks or colour of render is specified in them all in order to keep the look of the area.

We are not changing render or brickwork but color and material of windows..

Windows can be included too

@navyaUK

Hi, We have just received our planning approval but they have added a covenant (attcahed below) which from my research looks like one for conservation area, so finding it hard to understand its implication. Can anyone advice if we should contest this. Ex: Our choice of material is alu clad windows in grey for windows. . Can council object ? They have mentioned we need to match the neighbour but there are plenty examples where its not. We wanted to add grey cladding instead of red tiles above our bay window. roof tiles and color is same. Unsure about others . How can we get the covenant removed,as feels most of it falls under permitted development ? Appreciate your time and help Covenant : " Prior to commencement of above ground works, details of the materials to be used for the external surfaces of the building which shall include roof cladding, wall facing materials and cladding, window glass, door and window frames, decorative features, rainwater goods and paving where appropriate shall be submitted to and approved in writing by the Local Planning Authority."

Thanks again

Pre-commencement conditions should be checked with the applicant or agent prior to them being added to the approval. So was this condition checked and agreed first?

If you want to contest the condition, you’d need to submit a Removal/Variation of Condition application which would attract an application fee and a determination period of up to 8 weeks. However, I don’t know why you’re wanting to contest it because the LPA are requesting that you submit details of the materials for approval. The approval/condition is not telling you what you should be providing.

I think that's fairly standard to be honest. Isn't it a condition not a covenant? Anyway submit your list of materials and they'll approve or reject them. There's likely a discussion to be had but that's usual

@DevilDamo
It's not a pre-commencement condition as below ground works can start.

OP
This type is of condition is fairly standard for planning approvals. You'll need to submit details of all the materials listed in the condition to the planning department. There's a fee to pay and most planning departments want you to send an application form (though it can be accepted without) which you can find on the planning portal website or on your council's website.

[quote Takingabreakagain]@DevilDamo
It's not a pre-commencement condition as below ground works can start.

OP
This type is of condition is fairly standard for planning approvals. You'll need to submit details of all the materials listed in the condition to the planning department. There's a fee to pay and most planning departments want you to send an application form (though it can be accepted without) which you can find on the planning portal website or on your council's website.[/quote]
It is still worded as pre-commencement but just refers to the commencement of the above ground works.

In theory, the DoC application would be submitted before any works start anyway as you wouldn’t have the foundations excavated and then poured before having to wait 8 weeks for the DoC approval.

It still isn’t a pre-commencement condition as it provides for preparatory works, which may include demolition and groundworks. Which represents commencement to comply with the standard time limit condition.

You don’t need to get applicant’s consent for pre-above ground works conditions and even with pre-commencement conditions under the 2018 regs so long as there is at least a 2 week period (10 working days) between asking for the condition and the decision being made you can whack one on regardless.

Its standard if you didn't detail the materials being used in the planning application even if you are not in a conservation area. They want to make sure you don't put bright pink cladding on your extension with yellow and green spots. Not a big deal.