What constitutes a significant start?

[Dave and Helen]

Hi,

 

Hoping to gain some consensus of opinion, on what constitutes a significant start once all planning conditions on a development have been discharged. 
 

We purchased our plot with planning permission in place, but have no intention of building this design. Conscious that the 3 years were up on the 8th August this year, we’ve been battling with our local authority ( South Derbyshire District Council ) since May to discharge the conditions on the original scheme, so as not to lose the planning consent that’s in place. Our intention is to submit a new planning application in the next couple of months. We finally received a decision on the discharge of conditions last Tuesday.

 

I understand we now need to demonstrate that we’ve made a ‘significant start’ before this Saturday, the 8th August when the planning consent expires, but there seems to be a lot of confusion over what constitutes a significant start.

 

The obvious option is to dig some foundations, a 3 meter trench and throw come concrete in, then invite our building control officer to come take a look and document it. These have to be relevant to the existing planning scheme, but as we’re not building that scheme, we’re keen to look for an alternative, equally acceptable option. 
 

So... 

 

1. could we dig a trial hole for the purpose of testing the subsoil to enable our structural engineer to design an appropriate foundation scheme?
2. as there is an existing brick building on site that we intend renovating and incorporating into our new scheme, could we expose the foundations in one corner, again with the intention of checking the existing foundations?
3. the single story brick building we intend retaining and renovating has a number of blocked up windows, would removing the blocks from the windows signify a start?
 

There seems to a lot of confusion over this subject, not helped by our planning officer stating that it’s different site by site,. 
 

Can anyone offer any guidance on this?

 

Kind regards

 

Dave C

[DevilDamo]

Happy reading...

 

https://www.fsp-law.com/planning-permission-and-commencement-of-development/

[Temp]

Is this a CIL area? Have you got your CIL exemption paperwork done and notified them of your start date on the right forms? Don't start before then or you loose the exemption.

[nod]

Our Cil guy was pretty clear 

Bringing on heavy machinery would constitute a start

Unless it was for digging soil samples

cutting trees down was ok

While we wasn’t allowed to to demolish a building they where ok with us stripping the flares off the roof

[ProDave]

Ask your planners what constitutes "starting"

 

For us, is was forming the entrance to the plot.  Condition 1 of the planning was the entrance must be formed before building work started and when i notified the planners I had started on that they sent me a letter confirming that the development had started.

[JFDIY]

Have you got your building regulations drawings approved or are you working under a building notice? Without those you may struggle to get them to accept you've made a start.

 

For us, we piped in some sewers 10m and poured two 1m long footings that needed inspecting prior to pouring the concrete.

 

That said the church next to us have a raft foundation for an extension so just dug 0.75m of the ground away in that area to constitute a start.

 

 

You could dig out some decent footings, get them inspected and cast in some concrete with re-bar loops conveniently poking out the top, and polystyrene breaks sub-surface so you can break them and  lift them out with a big digger when you need to later on.

[Dave and Helen]

Thanks for all the feedback. I think the number of different responses just goes to show how much of a grey area this really is.

I guess it depends on the local authority. I have asked our planning officer and this is the response we received:

 

You are correct, what does or doesn't constitute 'commencement of development is indeed a grey area and numerous cases have been argued in the courts!

 

Each development /site is different, however generally we would advise that excavating some ground for the purposes of digging foundations would be acceptable. I would advise that your building control officer document this for your future reference.

 

The Planning Authority would not normally issue confirmation that a development had lawfully commenced, the discharge of any pre commencement conditions and the undertaking of some form of 'development documented by a building control officer would generally suffice. 

 

Fun fun fun... after discussing this with our building control officer earlier today, we've decided that we'll expose the footings to the side of the two existing structure on site, both of which we'll be keeping renovating and incorporating into the new build, for the purpose of documenting the existing foundations so the new foundations can be designed.  He's then going to pop over in the afternoon and document the findings. The fact we already have a 4 ton excavator permanently on site, may also help, I'll make sure it's in the photos.  

 

Thanks again for all the feedback. 

 

D

[Temp]

20 hours ago, Dave and Helen said:

The Planning Authority would not normally issue confirmation that a development had lawfully commenced...

 

Thats correct but you can apply for a Certificate of Lawfullness on the grounds that  development has commenced. Ive seen this done for a wind farm where they built the entrance then got a certificate so they were safe to put the development on hold while waiting several years for a grid upgrade.

 

That is assuming you don't mind paying the fee.

Edited August 5, 2020 by Temp