Is creating a new access classed as start of development?

[Olly P]

We've had Outline Planning passed for one self build dwelling on our field in April and also We have submitted a discharge of condition planning application  for visibility splays so we can create a new access onto the highway ( literally demolishing a section of dry stone wall to create access and putting some hard-core down). Hopefully we have done everything needed to satisfy the LPA and HIGHWAYS and we should have it granted next week. We have our wedding on the field in 5 weeks time so it would be fantastic if we can create the new access in time for then. I have raised the question with the council and can't get a clear answer yet until next week but, does the creation of a new access determine the start of works and thus mess everything up regarding CIL? 

[nod]

We asked both cil and planning 

and received the same answer 

As long as there is no Heavy machinery on site 

We took the roof of a building we intend to demolish and cut loads of trees down and created a fresh access point 

We were at it for five weeks riot to commencement

It would have been easier to bring a digger on for a couple of days 

But didn’t chance it

It saved us a lot of time when we did start  

[Ferdinand]

I do not see how Development can start whilst you only have Outline Planning Permission, by definition.

 

I do not think that you can start development in law without Detailed PP. Outline is about the principle of development.

 

But this is the sort of area where it may all turn out to be muddy water, and I can well see someone trying to argue that you had started because you did and therefore xyz, even if it is not allowed to happen.

 

I would definitely be wanting a Council Confirmation in writing to cover my back.

Edited July 12, 2019 by Ferdinand

[the_r_sole]

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Edited September 26, 2019 by the_r_sole

[Temp]

For purposes of prolonging PP your work must be legal so you need to comply with any conditions that say "Before work starts on site..."in order for work to have "started"

 

However for the purposes of the CIL exemption I would be much more careful...

 

https://www.legislation.gov.uk/ukdsi/2010/9780111492390

 

Commencement of development

7.—(1) This regulation has effect for determining when development is to be treated as commencing for the purposes of Part 11 of PA 2008.

(2) Development is to be treated as commencing on the earliest date on which any material operation begins to be carried out on the relevant land.

(3) Paragraph (2) is subject to the following provisions of this regulation.

(4) Development is to be treated as commencing on the day planning permission is granted for that development if planning permission had previously been granted for that development for a limited period.

(5) Development for which planning permission is—

(a)granted under section 73A of TCPA (planning permission for development already carried out); or

(b)granted or modified under section 177(1) of TCPA 1990 (grant or modification of planning permission on appeals against enforcement notices),

is to be treated as commencing on the day planning permission for that development is granted or modified (as the case may be).

(6) In this regulation “material operation” has the same meaning as in section 56(4) of TCPA 1990(16) (time when development begun).

 

 

https://www.legislation.gov.uk/ukpga/1990/8/section/56

 

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building;

F4[(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.

 

ok so you can argue that a driveway is not a road and you can use a site for 28 days without needing PP for change of use, but do you want the agro if they get bloody minded? Would installing a dropped kerb be "driveway" or "road"?

Edited July 15, 2019 by Temp

[stephen margerison]

Hi, I believe my planning dept takes a very strong view in "making a material " start, and it would include making an entrance, !! and if you get it wrong, CIL (or part of) is payable immediately .

what I did was to enlarge an existing entrance so as not to be noticeable. 

be careful.

regards,

Stephen