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Discharge of Condition "Begin within 3 years"


BotusBuild

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Does anyone know if we have to discharge the "begin the development within 3 years" condition with the planning department as soon as work has started, or are we OK to have in place from Stroma (who are doing our building control work) a letter saying they are satisfied that work has started, which we have? FYI - our 3 years ends in October this year

 

From what I am reading on the Cornwall website, it seems this can all take place after we have completed building (which could be 2-3 years after October this year).

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Hi

 

It is worth contacting your planners to get their confirmation of what "commencement" comprises.  Some are happy to have demolition and access to site, others want foundations started or even foundations complete.  Check and get the confirmation in writing.

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Most planning applications have a 3 year life. If you don't start before then the grant expires and you have to apply again.

 

How far have you got? Normally the planners like to know that some work has started on site. They commonly require you to have dug foundation trenches and for the Building Control Officer to have inspected them. However they will sometimes accept other activities as evidence work has started. Ask them what they will accept. If you meet that I would apply to have the condition discharged. 

 

Have you got any other conditions that say "Before work starts..." and have they been met?

 

All the CIL stuff done?

 

 

 

 

 

Edited by Temp
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How can you start work (ie put in foundations) when you only have outline pp? I would think your best course of action would be to apply for the detailed pp. 

We had outline for our two plots but of course we sold one which has now got a completed house on it however I was worried about the remaining one and thought we’d have to go through the planning again as the 3 years was up in April however because they were both on the one application and the one had started it has locked in the remaining one.

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2 hours ago, Christine Walker said:

No sorry I must have misread ?

 

No probs.

 

Just probing the potential gaps in the OP.

 

Have spent too much time providing too many not quite the right answers to slightly the wrong questions :-).

 

In this case pointing out a possible circumstance.

 

Wotsit Thingamabob and his Unknown Unknowns have a lot to answer for. (*)

 

F  

 

xx

 

* would remember but the 12 bottles from Laithwaites arrived today and they are now minus 2/3 of a bottle of rather nice rather potent red. And there is nobody here except me and the paperwork. The paperwork is now slightly tipsy. Allegedly. Anyway, there are two of them so they must be.

 

 

Edited by Ferdinand
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Belated follow up and to clarify a few things - we have Full Planning Permission granted 31 Oct 2017. Therefore, @Temp CIL does not apply. I thought that I had to tell the planning department at the council that I had started. Turns out I don't need to.

 

I contacted Cornwall Council - the lack of knowledge of what I needed to do (or not do in this case) was astounding. I got three different pieces of advice as to what I needed to do. The last message I got started "If you'd like ..." !!!!

 

I spoke to my architectural engineer who lives and works in Cornwall and so is very familiar with the processes down there. He had just had the same situation with another client who had used a planning adviser, and it turns out the key is that building control (not planning) has a record that work has begun.

 

As I am using Stroma for building control, this replaces Cornwall building control department, and so I have no need to tell the council I have started. I have the confirmation from Stroma that I have started before the end of the 3 year condition on the planning permission, and so can provide proof the condition was met if anyone asks.

 

@DevilDamo, the extra 6 months was in the back of mind, but I felt it was better to get in before the original 3 year limit.

@Ferdinand, glad you celebrated my start in a good way.

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25 minutes ago, Omnibuswoman said:

Can I ask about the extra six months as I haven’t heard about that (Cornwall is my planning authority too). Our PP expires in March 2021. Do I get an extra six months to begin work?

 

That does not fall within the date window afaics. So no.

 

https://www.theconstructionindex.co.uk/news/view/all-planning-permissions-extended-until-april-2021

 

F

Edited by Ferdinand
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On 08/09/2020 at 22:09, Temp said:

Looks like Cornwall only introduced it in jan 2019.

... and the planning for us was granted before this date, so it doesn't apply @DevilDamo

 

@Omnibuswoman - see previous commentary:

I spoke to my architectural engineer who lives and works in Cornwall and so is very familiar with the processes down there. He had just had the same situation with another client who had used a planning adviser, and it turns out the key is that building control (not planning) has a record that work has begun.

 

As I am using Stroma for building control, this replaces Cornwall building control department, and so I have no need to tell the council I have started. I have the confirmation from Stroma that I have started before the end of the 3 year condition on the planning permission, and so can provide proof the condition was met if anyone asks.

The attached photo of some drainage pipe in a trench approx 600mm deep with an inspection chamber attached was sufficient for Stroma. There were some other photos showing pea shingle around the pipe and chamber as well.

 

20200905_110055.jpg

Edited by BotusBuild
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54 minutes ago, Temp said:

You can always send evidence to the planners but apply to discharge that condition with others later. Saves the fee.

 

I did ? ... and Cornwall Council told me categorically that a time limit condition cannot be discharged, so I'm satisfying myself with the fact that I have evidence (dated photographs) approved (by Stroma) that I can put under people noses should they poke them in ?

 

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