Act amendments herald extended construction times approval

The variation of a condition limiting construction working hours at a site for one dwelling in a Devon settlement has been allowed in consideration of the fact that the appellant wanted to build the property himself outside of his main employment and in view of the Covid-19 pandemic and the recent amendments to the 1990 Act to provide a fast-track deemed consent route for extending construction site working hours until 1 April 2021.

The inspector acknowledged that restricting construction times was in accordance with local and national policy to protect the amenities of neighbouring occupiers and that extended hours would conflict with these policies. In this case neighbours adjoined both sides of the site and to the rear and would be affected.

The council had originally limited construction times from 08.00 to 18.00 Mondays to Fridays and to Saturday mornings only. They had however, suggested a revision to allow internal painting, decorating and electrical works later into the evenings as part of the appeal which the inspector agreed was a balanced solution.  But in assessing the material consideration of the recent amendments to the Act, the inspector further varied the condition to allow extended hours of internal and external construction works until 21.00 hours weekdays and Saturdays up until 1 April 2021 and after 1 April 2021, external construction works until 19.00 weekdays and 17.00 Saturdays.

Inspector: Hollie Nicholls; Written representations

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