A revised Timetable of Works published on 22 August 2022 is present at this link:
https://planning.lewisham.gov.uk/online ... APR_115519
A Decision Notice and Delegated Report both dated 2 Sept 2022 are also present.
The Officer's Delegated Report contains the following paragraphs and Conclusion. The report refers to the original Timetable containing a commencement date that did not meet the condition specified that work had to commence on site by 10 September 2022. The report refers to the High Level Programme Rev 000 (prepared by Oakdean Construction Limited, dated 14 July 2022). Neither that company name appears on the said Programme and the author is still listed as Faithdean PLC.
15 To discharge this condition the applicant submitted:
· Cover Letter (prepared by WSP, dated 15 July 2022)
· High Level Programme Rev 000 (prepared by Oakdean Construction Limited, dated 14 July 2022)
16 The submitted Cover Letter sets out that the name and contact details of the designated contact for local residents, this satisfies this part of Condition 25.
17 The planning permission that this condition is attached to expires on the 10th September 2022, this means that works have to commence on site by this date.
The initial timetable to works that was submitted set out that the works would commence on site after the 10th September 2022, the applicant were advised that this would result in the planning permission expiring and as such on the 22nd August 2022 the following was submitted:
· High Level Programme (prepared by Faithdean PLC)
18 The submitted timetable of works sets out that works will commence on site before the permission expires on the 10th September 2022 and that the works are expected to be completed on site by the beginning of September 2023.
19 The timetable sets out that the works required to both the Main Teaching Block and School Hall. The timetable is separated in tasks for each element and the expected dates for works to be undertaken and for the works to be completed by. The works to the Main Teaching Block will begin in September 2022 and will be completed by June 2023. The works to the School Hall will begin in November 2002 and be completed in August 2023.
20 It is noted that during a meeting with the Diocese, Ward Councillors and Officers, it was mentioned by a member of the Diocese that works may take place elevation by elevation. As such Officers sought confirmation from the planning agent and it was confirmed via email chain on the 31st August that the works will be undertaken as per the submitted programme, with the works taking place main
teaching block first and then followed by the School Hall.
21 The details are submitted are considered to be sufficient to discharge the condition.
CONCLUSION
22 The details submitted to discharge condition (25) Timetable of Woks of planning permission DC/22/125634 dated 10 May 2002 are sufficient.
The Programme refers to a
Contract Commencement date 0f 9 Sept 2022 but does NOT contain any reference to a
Contract Execution date. None of the published documents provide any insight to or statement that a Contractor has been appointed and on what date.
The absence of Oakdean Construction Limited's name on any of the published documentation except the Delegated Report leaves a significant gap in the assertion that the programme has been endorsed by the appointed contractor. This is key in Construction Contracts as, whilst a client can express their desire to have work start and finish on specific dates, the appointed contractor must ensure that all the elements in the construction plan comes together to meet the client's aspirations. The contractor will be obliged to publish their own version of the programme and specify where there is not a match with the client's needs and must seek a variation to the contract to be approved by the client in that regard.
There is oblique reference to an email chain and of course the matter could be covered therein.
However it is very clear that works have not commenced on site and thereby the works cannot be undertaken as per the submitted programme or in conformance with the condition that specified works had to start on site by 10 September 2022.
This critique of the programme, as presented at the last public meeting, being undeliverable has emerged to be fairly accurate.
When will physical work on site actually commence?
Or, as planning permission had this condition attached and specified it would expire on the 10 September 2022, does this mean that planning permission expired
de facto on 10 September 2022.