All on the original planning permission?

[Jonathan1969]

I have a quick question I am hoping someone might be able to give me a steer on....

 

Quick background.

 

I have bought a plot, from a builder, who is going to build a house on it for me to a design he had made with a few additions and changes from myself.  He has full planning permission and we are about to apply for the building warrant to start the works.

 

The plans don't have a garage, and I would like to add one.  I could get away with a PD after the house tis completed.  But, I would like to place the garage in front of the front line of the house and also put a room above the garage so I would need planning permission.

 

I assume I need to add this onto the existing permission (as it is still 'open') and that this would remove any VAT on the build? is this the case?  Can I start a second planning permission whilst the house is being built (I think this is a 'no')

 

Also.....

 

1) Can everything else continue to progress whilst I amend the planning permission for the garage?

 

2) Can I apply myself or should I / must I continue with the architect that designed the house and has been liaising with the planning department?

 

The PD route would be easier, no doubt.  But the planning route would give us the garage we want in the location we want it.

 

Any and all thoughts greatly appreciated

 

Jonathan 

[Temp]

2 hours ago, Jonathan1969 said:

I assume I need to add this onto the existing permission (as it is still 'open') and that this would remove any VAT on the build? is this the case?  Can I start a second planning permission whilst the house is being built (I think this is a 'no')

 

 

I believe you need house and garage on one Planning Grant for the garage to be zero rated.

 

It might not be possible to ammend the existing Planning Grant..

 

https://www.designingbuildings.co.uk/wiki/Material_amendment_to_planning_permission

 

There are three ways that this can be dealt with:

• Where they are not significant changes, they may be described as ‘non-material amendments’. Section 96A of the Town and Country Planning Act 1990 permits applications for non-material amendment to existing planning permissions which remain subject to the original conditions and time limits.
• Where changes are more significant, they may be described as 'minor material amendments'. Section 73 of the Town and Country Planning Act 1990, allows an application to be made to permit conditions associated with the original permission to be varied or removed. This can be used to vary a condition that lists the drawings associated with the existing planning permission. If there is no such condition, one may be added using an application under section 96A of the Town and Country Planning Act 1990 and then a section 73 application to vary that condition.
• Where an amendment is considered to be a ‘material amendment’ a complete new planning application is required.

 

So start with a call to the planners to ask which of the routes is necessary. If they require a new Planning Application then I would make the new application for the house and garage to get it all on one. 

 

However bear in mind the CIL rules. You can't claim the exemption if any work has been started on site. This may mean a long wait before you can start. You might decide that it's not worth waiting to get the garage zero rated. If the CIL isn't a thing in your area you can start building to the existing PP while waiting for the new one to be approved.

 

Is your builder supplying materials like bricks and tiles? In which case you won't have to reclaim the VAT on those anyway. The builder will reclaim the VAT on those in his quarterly returns that don't need to be accompanied by a copy of your Planning Grant. It will be down to the builder to correctly charge you VAT on the garage if he remembers to. Perhaps he's not very good at estimating quantities and will have some materials "left over" from the house build. Shame to waste them. If the garage is going to be same brick as the house its a good idea to order all the bricks at once anyway so they match and save delivery (if you can risk them refusing PP for the garage).

 

 

[DevilDamo]

6 hours ago, Jonathan1969 said:

 

I have a quick question

 

Love it when I see a post start with this ? The only time people say it is when it will not be a quick question ?

[Jonathan1969]

12 hours ago, DevilDamo said:

Love it when I see a post start with this ? The only time people say it is when it will not be a quick question ?

DevilDamo I only said the question would be quick ...... not necessarily the answer too!!!!

[DevilDamo]

Technically, you asked two questions ?