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Planning already granted - next steps? - whats required for works started?


Spikeuk

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Hi there, 

 

We managed to get our planning approved in 2018 , however we haven't acted -  its now getting close to expiring at the end of this year -  from reading online the next step is we need to get the 'start works' signed off asap.

 

Planning was for demolition of single story small extension and erection of new two story extension

 

Does anyone have experience of the next steps in the process,  reading online I think we need to submit a 'notice of works started' to the building control dept?

 

Looking at our permissions documents we don't have any conditions other than to use the materials proposed in the approved plans.

 

We currently do not have a builder assigned,  we had a few quotes and builders round before Covid 19 - but 3/4  never sent quote, or were extortionate/ delayed.

 

Question - what can I do for the council to sign off on works started?     

 

For example if I start demoltion works on the single story extension - will that be enough for 'works started'?

 

Any advice or info would be greately appreciated.

 

Thanks!

 

 

Edited by Spikeuk
notificaitions set to on
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I had a similar issue .

I think what determines “ works started “ is somewhat subjective.

As I am building an underground house I just excavated 1100 tons of rock . Unlikely anyone to suggest work hasn’t started .

You might need a gentle word with your building control to see what they expect .

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If you have cleared the old building you have sort of already started but you need to watch out fir CIL if it applies in your area get ducks in a row and then trigger start by letter or by setting a trigger automatically EG apply for a demolition order the council will use that to trigger the start, or that is how it happened for us.

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Getting an extension on a proposed extension(sorry) is in itself normally relatively straightforward.

 

But before you do anything, a few details:

 

1) Are there any *pre-commencement* conditions attached to the permission? (anything along the lines of "before work starts....."). If yes, do NOT start before discharging these, especially if you answer yes to the below!

2) Is there any current CIL liability attached to the permission. If so, have you or are you planning on applying for self-build relief? If you've applied for CIL reliefe, do NOT start before notifying the planning department with a notice of commencement otherwise you risk losing your relief!

 

The above are quite important in terms of any recommendation we can make... If the current permission has no CIL liability, I would suggest you're better to "start" rather than renewing the application, as the new one is likely to attract CIL. 

 

 

To be honest anything that is evidenced as starting works the development is acceptable. Ref your question "is starting demolition" enough, yes it is if essential to carry out the permitted works. I'd submit a building notice for the works to Building Control, and tell them you intend on demolishing the current extension on xx date. Then crack on with that.

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Something like..

 

Notify mortgage company?

CIL Exemption paperwork.

Discharge any pre-commencement planning conditions.

Notify council of intended demolition? (Not sure if this is required)

Building Control Application

Insurance

Demolition

Foundations dug and filled

 

 

 

 

 

 

Edited by Temp
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This below is what defined 'Commencement' with my local council planning dept. 5 or 6 years ago for a rear extension. I put in the foundations at the 3 year 'about to expire point' and used the base as a temporary patio until I was ready to continue. Building Control were quite happy with the long gaps between inspections and said that time frame was not unusual with 'DIY' projects, mine took over 2 years to final completion certificate!

 

Planning permission is normally limited to a period of three years from the date of the decision notice, after which the permission or consent will expire, unless it can be shown that the development has commenced.

Commencement of development is taken to be initiated if any material operation or change of use comprised in the development is carried out.

  • Any work of construction in the course of erection of a building;
  • Any work of demolition of the building;
  • The digging of a trench which is to contain the foundations, or part of the foundations of any building;
  • The laying of any underground main pipe to the foundations or part of the foundations of a building, or to any such trench mentioned in bullet point 3 above;
  • Any operation in the course of laying out or constructing a road or part of a road;
  • Any change in the use of the land which constitutes material development.
Edited by MAB
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Apart from the extra fees involved, re-newing an existing planning application after 3 years is not guaranteed, as a different set of planning officials may be involved, conditions for developments in the area may have changed and new nearby neighbours may come up with new reasons to object. I would at least get foundations in, filled and inspected then pause work for as long as you wish.

If Building Regs change during the period of the build the inspections continue to be based on what was in force when the B.Reg plans were originally submitted and passed.

Edited by MAB
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In our case, after discharging all pre-conditions (no CIL for us), we needed to do some drainage works to facilitate moving into caravan and allow demolition.

 

We had the independent BC onboard at that point and he actually encouraged us to make a start to lock in compliance against the current regs which were about to roll to the newer version.

 

So laying some duct to the sewer ticked the box and we did nothing else for six months. 

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You need to get your head round the Building Control side of things.

 

First, you need to decide if you are going with a 'full plans' Building Control application (ie architects drawings spec'ed out) and this, as MAB said, locks in the Building regs at the time of the Building regs approval. They can be very slow to approve and you may miss your deadline (mine took 5 months!). This method gives your builder a guide to the works.

 

The other way is a 'Building Notice' which means usually that the builder just gets cracking, and you hope it complies (ie riskier option). You can future proof it a bit by over specifying insulation etc. 

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