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Expiry of Planning Permission (Scotland)


davidc

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Please could some body just remind me what stage a build must be at before the deadline on which a permission expires in Scotland (before you need to re-apply/extend that is) ?

 

I had it in my mind that there must have been at least one inspection for some of the work detailed in the associated warrant but i now can't recall where i got this from.

Edited by davidc
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36 minutes ago, davidc said:

Please could some body just remind me what stage a build must be at before the deadline on which a permission expires in Scotland (before you need to re-apply/extend that is) ?

 

I had it in my mind that there must have been at least one inspection for some of the work detailed in the associated warrant but i now can't recall where i got this from.

Are you talking about planning or building warrant?

 

Planners don't inspect a build (unless their is a complaint or issue), they just expect a notice of completion so they can update their records (and eventually your new building gets added to land registration plans etc.) however building control do inspections. If your warrant expires while building, but not yet complete you need to extend it - however, this does actually vary between councils and some will simply accept a phone-call advising you need more time.

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I have a feeling that for planning you don't have to do much to invoke a permission - on some of our commercial projects I'm aware of us getting a contractor in to dig a trench simply to ensure the development is initiated in planning terms.

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Thanks, just talking about planning alone.

 

I had thought the minimum criteria for demonstrating that the building work had commenced before expiry of the planning permission was that a building warrant had been submitted and been inspected (by building control for building warrant purposes) at least once. If this is wrong, how do the planning department decide if a permission is lapsed ?

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1 minute ago, davidc said:

Thanks, just talking about planning alone.

 

I had thought the minimum criteria for demonstrating that the building work had commenced before expiry of the planning permission was that a building warrant had been submitted and been inspected (by building control for building warrant purposes) at least once. If this is wrong, how do the planning department decide if a permission is lapsed ?

Sorry If I'm confusing terms but do you not need to have a warrant approved before you can commence building work?

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You only need to have "started" to lock in the planning.

 

Condition 1 of my planning was that I must form the access from the road before I start building. To do that I had to discharge the pre comencement conditions.

 

Once I had formed the access and notified the planners they confirmed by email and then in writing that they had noted the development had started.

 

So that alone was enough to lock in the planning permission.  It was irelevant as I started the actual construction just a few weeks later.

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