What constitutes "commencing development"?

[shuff27]

Hi, I have 2 pre-commencement planning conditions;

 

1. details of finished floor levels have to be approved.

2. if development does not commence before 31st August the protected species survey, first done 2 years ago, has to be renewed - this would cost me £1200 & cause further delay.

 

So this morning I submitted detailed FFL plans along with a plea that the PO confirms their acceptability asap so I can commence no later than 31st August in order to avoid renewing the survey.

 

Whether they respond positively to my plea is unpredictable (although my case officer was helpful in granting my CIL exempetion quickly so I'm not without hope).  But assuming it happens, what exactly can I do on site, however minimal, that constitutes commencing development before being ready to issue the building notice?

 

There is no definition of 'commencing development' in the PP, so is there a nationally accepted standard definition?

 

Thanks for any advice or how you dealt with similar experiences.

[joe90]

With my planning fight (I won’t go on about it) I demolished a Nissan hut as I found that any demolition constituted commencement. Without demolition I believe any trench/foundation digging constituted formal commencement.

[ProDave]

It is very site specific.

 

In my case condition 1 of the planning permission said the entrance from the highway onto the plot must be formed before construction commences.  As soon as I notified the planners that I had created the entrance, they conformed that the development had started, this was before I broke ground on the actual build.

[saveasteading]

I have heard it said that some authorities require constructive work to be done.

This avoids any thoughts that a hole might have been dug for another reason.

It used to be that setting out the building , with posts prominently painted red and white, was enough.

Now I recommend digging the trench in the right place and putting some concrete in.

But that involves design and building inspector, so perhaps find an easier start.

 

From recent experience, i have seen certificates from LAs confirming that a project has commenced, with forming an access track, or visibility splay being the works involved.

Edited August 19, 2021 by saveasteading
added a bit

[nod]

6 minutes ago, joe90 said:

With my planning fight (I won’t go on about it) I demolished a Nissan hut as I found that any demolition constituted commencement. Without demolition I believe any trench/foundation digging constituted formal commencement.

Plus one there 

We where told that we could remove the slates off the building to be demolished 

But anything else would count as commencement 

Even having heavy machinery on-site could count as as commencement 

As Joe says Dig a trench or lay an access road in 

[shuff27]

@joe90  I actually have an old garage on site that will be demolished but, catch 22, it can't be demolished until after 31st August due to the possibilty of nesting birds/roosting bats covered in the very same protected species survey!

 

So maybe a trench or how about a trial hole to assess the soil conditions?

[joe90]

5 minutes ago, shuff27 said:

So maybe a trench or how about a trial hole to assess the soil conditions?

Ask your BCO, mine noted start date as proof if you need it.

[Temp]

https://wslaw.co.uk/insight/commencement-development-practical-tips-pitfalls/#:~:text=What is commencement%3F,period expressed on the permission.&text=In practice%2C very minor works,to commence a planning permission.

 

In order to lawfully commence development it is necessary to satisfy the legal requirements in section 56(4) of the Town and Country Planning Act 1990. This says that “

development is taken to be begun on the earliest date on which a material operation is carried out”.  A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land.

In practice, very minor works are sufficient to commence a planning permission.  These may include pegging out a road or piling.  However, care must be taken to ensure that the works reflect what has actually been approved by the planning permission.

Make sure you have done the CIL exemption paperwork before doing anything on the site.

 

[epsilonGreedy]

My self build neighbour lived in his onsite static caravan for 9 months before the real build started and two months into those 9 months enforcement challenged his residential status due to the absence of visible work. In the end the council relented and said they would view his mains electric service trench to the static as evidence of building commencement. This then allowed the static caravan to be designated as workers accommodation.

[shuff27]

1 hour ago, Temp said:

https://wslaw.co.uk/insight/commencement-development-practical-tips-pitfalls/#:~:text=What is commencement%3F,period expressed on the permission.&text=In practice%2C very minor works,to commence a planning permission.

 

 

 

Make sure you have done the CIL exemption paperwork before doing anything on the site.

 

 

Thanks for that helpful link.  Already have my CIL exemption which is why I'm impatient to get going, including acknowledgement of my notice of CIL commencement which can be notified even before PP commencement (they are unrelated in legal terms), just can't start anything yet.

[shuff27]

What I mean is that although PP & CIL are of course related, you can notify a CIL commencement date even before discharging pre-commencement conditions.

 

I have this in writing from my planning case officer, which doesn't guarantee it's correct (!), but at least covers me if I do as he has instructed. 

[saveasteading]

This, by strange chance, appeared in a different context, and gives an example of commencement being denied by LA and at appeal. The big difference, I suppose, is that this council desperately wanted to deny commencement, whereas usually they aren't too bothered.  See bottom left paragraph. The PS is interesting too.

[shuff27]

11 hours ago, saveasteading said:

This, by strange chance, appeared in a different context, and gives an example of commencement being denied by LA and at appeal. The big difference, I suppose, is that this council desperately wanted to deny commencement, whereas usually they aren't too bothered.  See bottom left paragraph. The PS is interesting too.

 

I enjoyed reading this.  Most of us self builders soon realise that the planning system is stacked against us in favour of the big developers ?

[joe90]

Well I am one of those self builders that won on appeal , our planning person even told us we would probably win on appeal ?‍♂️.

[Ferdinand]

2 hours ago, shuff27 said:

 

I enjoyed reading this.  Most of us self builders soon realise that the planning system is stacked against us in favour of the big developers ?

 

They seem to have lots of one star reviews on Twitter from people who lost ?.

[saveasteading]

Gladman appear to be ruthless and a great worry to local authorities, as they throw money at legal cases and multiple applications, both of which are the big money way of bullying at planning.

Ashford Borough Council had 3 applications at once, none of which remotely fitted the Borough Plan and all of which were utterly resisted by the villages concerned. Eventually the BC prevailed  but it cost money and scarce resources.

The article is apparently from Private Eye.