any planning extensions due to Covid19

[Sally]

Hi 

 

I have a change of use to implement before this coming October, I am having having kittens trying to even get the first stages off the ground, ie finding a structural engineer .

 

is there any extension in place that I can take advantage of ???

 

tanks

Edited January 25, 2021 by Sally

[DevilDamo]

Unless things drastically change like they did last year, there are no extension of time limits in place where applications expire this year.

 

Surely there is something minimal you can do that would warrant implementation?

[Sally]

2 minutes ago, DevilDamo said:

Unless things drastically change like they did last year, there are no extension of time limits in place where applications expire this year.

 

Surely there is something minimal you can do that would warrant implementation?

 

I am very green, this being my first project, from the question I asked here before, it seems I have to have the building signed off as completed to qualify change of use and get a council valuation tax bill

[DevilDamo]

Does your Planning approval state you have to ‘start’ within three years or ‘complete’ within three years... or another timescale?

[Temp]

+1 

 

What do the conditions say exactly? Normally all you need to do is start work before it expires. The catch is that the start must be legal so you must get any conditions that say "before work starts.." resolved and formally discharged.

 

Assuming the conditions are OK then its a matter of doing something  significant enough to count as having started work. For a new house that might be digging a foundation and getting it inspected by building control. I've seen a wind farm construct a site entrance and some meters of road then stop work.

 

As its not clear what councils will accept you should probably get a letter from them afterwards confirming they believe you have started work. To be 100% sure get a Certificate of Lawful Development but there is a fee for that.

[Sally]

NOT to confuse things, 

 

But I have two planning applications, 

 

One is for change of use (from commercial to residential) 

The other is for a roof extension 

 

 

If we ONLY concern our self's with the change of use for now, (as it is the one that is due to expire in October) 

so for the change of use planning, can I just make a start on it, or does it need to be completed 

 

I am a little confused tbh 

[DevilDamo]

What is the wording of the condition, normally the first condition?

[Ferdinand]

Check to see if your Change of Use falls under Permitted Development under the recent changes, where I think the Govt has now won its legal action. Then the problem may basically go away.

 

https://www.weightmans.com/insights/planning-regulations-for-controversial-pd-rights-and-use-class-e-survive-judicial-review-challenge/ 

[ToughButterCup]

16 hours ago, Sally said:

...I have to have the building signed off as completed to qualify change of use and get a council valuation tax bill

 

Take it step by step.

 

Do you have permission to change the use of the building concerned? I ask, because you don't make that clear. I'm also not clear that you have had Permission in place for the last almost 3 years - and that that 3 years ends in October.

If those two pre-cursors are in place, and you do have permission to change the use of the building, then even minimal work - like (and I'm just giving a random -in your case probably wrong- example here) digging a hole to connect water - is evidence of starting work. You then have a further 12 years in which to complete it.

The answer to your issue might be as simple as: dig a hole and tell any busybody who askes - that hole is evidence of the commencement of the project. 

[Carrerahill]

17 hours ago, Sally said:

Hi 

 

I have a change of use to implement before this coming October, I am having having kittens trying to even get the first stages off the ground, ie finding a structural engineer .

 

is there any extension in place that I can take advantage of ???

 

tanks

It depends on the BCO, my warrant expired last June, BCO is still to be given a date to come and inspect for sign off, he isn't fussed, he said he may ask for an extension fee if there is a lot of snagging. I emailed him near expiration and told him that I was about 6 months behind because of 1st lockdown, that was a bit of a lie but in fairness I couldn't finish my kitchen as I paid a joiner to do the masons mitre joints in the kitchen, which held up hob install which held up call to gas man... 

 

If your BCO says no, or their policy is to be obstructive with you then you can pay for extension as long as you enter into an agreement pre expiration. So just start an email exchange and cite trades not prepared to come out etc. any sensible person should grant an unofficial extension.

 

 

[Sally]

To answer questions, and to clarify 

 

I have two planning applications that have been granted 

 

The change of use did fall under permitted development, BUT still needed planning approval, This is something that I have obtained (approval)  

 

With the advice I was given (and it NOW seems the most obvious course of action) I read the approval wordings and conditions 

 

Please see a cut and past below 

 

At:  #### The Broadway, London, NW7 ### , as referred to in your application and shown on the accompanying plan(s)

: 1 The development hereby permitted shall be carried out in accordance with the following approved plans: location plan, GS01/TP/01, GS01/TP/02 Reason: For the avoidance of doubt and in the interests of proper planning and so as to ensure that the development is carried out fully in accordance with the plans as assessed in accordance with Policies CS NPPF and CS1 of the Local Plan Core Strategy DPD (adopted September 2012) and Policy DM01 of the Local Plan Development Management Policies DPD (adopted September 2012).

2 This development must be begun within three years from the date of this permission. Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

3 a) Before the development hereby permitted is first occupied cycle parking spaces and cycle storage facilities shall be provided in accordance with

 

so, referring to No2, my must start date is October, which is the three year from planning approved date, Am I right ????

 

 

[Temp]

In case it matters there is (was?) this in the Class Q legislation..

 

https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/3/crossheading/class-q-agricultural-buildings-to-dwellinghouses/made

 

(3) Development under Class Q is permitted subject to the condition that development under Class Q(a), and under Class Q(b), if any, must be completed within a period of 3 years starting with the prior approval date.

 

 

[Sally]

23 hours ago, Ferdinand said:

Check to see if your Change of Use falls under Permitted Development under the recent changes, where I think the Govt has now won its legal action. Then the problem may basically go away.

 

https://www.weightmans.com/insights/planning-regulations-for-controversial-pd-rights-and-use-class-e-survive-judicial-review-challenge/ 

 

 

Hi Ferdinand

 

might you be kind enough to explain the content of above link in Layman's terms, as I dont fully follow it 

[Ferdinand]

3 minutes ago, Sally said:

 

 

Hi Ferdinand

 

might you be kind enough to explain the content of above link in Layman's terms, as I dont fully follow it 

 

The Govt introduced various changes to make it easier to change the use of certain buildings eg from Warehouse Storage to Retail.

This may apply to some residential conversions, which may or may not include yours.

Various charities took legal action to try and stop it.

They lost. So far. If they do not take it to the Appeal Court.

 

I think your further comments have ruled out the relevance, but it may be worth asking an adviser if you have one. 

[Sally]

Thanks for explaining that, 

I had heard something about the councils trying to close this permitted development change of use, only I thought they had been successful, (I only heard that through the grape vine, it was not a hard fact) 

[ToughButterCup]

This is what you need ...

1 hour ago, Sally said:

...

2 This development must be begun within three years from the date of this permission. Reason: To comply with Section 51 of the Planning and Compulsory Purchase Act 2004.

...

so, referring to No2, my must start date is October, which is the three year from planning approved date, Am I right ????

 

Yes.

Relevant parts of the Conditions highlighted.

The next question then becomes "What constitutes a start?" And on the basis of my experience and research I think that can mean as little as   - dig a hole- . Locally, there may be precedent: it would be as well to research it, but it's nothing to lose sleep about.

Unless you are told directly what a ' start ' is, I think it would be reasonable to call a '...start...'  something demonstrable on the ground which obviously is connected to the Permission.