Reply to Richard Cole, Senior Planning Officer, Cardiff Council
(2) For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.
(4) In subsection (2) “material operation” means—
(e) any change in the use of any land which constitutes material development.
From: "Cole, Richard" <firstname.lastname@example.org>
Date: 02/02/2009 11:46AM
Subject: RE: Tree felling at College of Music
- There are conditions which remain to be discharge before ‘development’ can be undertaken. But I have no reason to suspect that these will not be discharged in a timely manner…there are no conditions related to the felling of trees.
- Development is defined by S56 of the Planning Act and generally interpreted to amount to the digging of trenches for foundations or other operations related to the construction of a building e.g. digging for sewers etc. In this respect ‘Development’ has not yet commenced.
- I am unable to comment on the applications for disposal/lease/license etc which are dealt with by the Council’s legal/estates divisions.
- No I do not believe that the felling of trees amounts to the ‘starting of work’ in the sense of ‘the commencement of development’ as defined by S56 of the Planning Act (as above).
- I do not consider there is any breach of planning control against which enforcement action could be taken in respect of the discharge of conditions or felling of trees (which has been granted planning permission and which also has been approved under the terms of a section 211 notification) which is being undertaken to enable the planning permission to be implemented in the near future..
I hope this is of assistance.
Richard Cole MA MSc (dist) MRTPI
Senior Planning Officer -Uwch Swyddog Cynllunio Cardiff Council - Cyngor Caerdydd
Room 128 - Ystafell 128 City Hall - Neuadd y Ddinas lCardiff - Caerdydd CF10 3ND
t - Ff 029 20 871668 e - E email@example.com