I had a pre-commencement condition that required a Phase II contamination survey, which required a number of bore-holes to be drilled.
I have to therefore assume that soil-test bore holes can not be considered as "development", otherwise it would be impossible to have completed the Phase II survey pre-commencement.
I actually cleared most of my site (with the LPA's knowledge) prior to satisfying the pre-commencement conditions, as I considered it preliminary operations.
The planning Act 1990 defines commencement as the "earliest date on which any material operation comprised in the development begins
" and material operations are defined as:
( a ) any work of construction in the course of the erection of a building;
[F2 (aa) any work of demolition of a building;]
( b ) the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
( c ) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph ( b;
( d ) any operation in the course of laying out or constructing a road or part of a road;
( e ) any change in the use of any land which constitutes material development.
Edited by 1anR, 06 April 2016 - 12:21 AM.