Fixing planning permission ( stopping the clock)

[PXR5]

Ive PP for a self build house, I dont want to start it for maybe 2/3 years, but I would like to fix the PP. Can I dig a footing trench & get the building inspector out? Or do I need to get the Buildings reg's passed first? 

Or is there any easier way? my house is located in an ANOB which is soon to be uprated to a higher standard & planning permission will be very difficult afterwards, so I dont want to lose this now I have it. Thanks!

[Adsibob]

As long as you make a start, then you’ve banked your PP for life. Not sure what is legally required to make a start, but given you do need to serve your building control application notice either shortly before or shortly after you start, you would have to do that as well, not to bank the planning permission per se, but to make sure two different departments within your local authority didn’t have conflicting data. That way if the planners ever raise an eyebrow later, you can much more credible say “I started this 43 years ago, here is my BC application notice to prove it.”

[nod]

You will need to get building regs passed in order to engage building control Don’t forget to submit a Cil application if applicable 

[PXR5]

Ah right ok, yeah allready have the CIL in place, thanks for the help!

[Temp]

The rules say once development has started planning permission is extended indefinitely (unless there is a condition requiring  completion by date).

 

But the definition of development starting isn't well defined. Most councils accept you have started a house if you have BCO approval to dig and fill foundations, and you do that. It might be possible to do less and to mitigate the risk by getting a certificate....

 

Near us PP for a wind farm was granted but it couldn't be built immediately because the grid needed upgrading. What they did was built the site entrance and some meters of the access road. They then applied for a certificate of lawfulness/lawful development to confirm that they could build the wind farm in say 5 years on the grounds work had been started. 

Edited October 14, 2022 by Temp

[Pocster]

I wanted to do the same . Hold planning indefinitely by doing something that would be classed as ‘started ‘ . So I dug a big 1100 ton hole . Bco agreed that was classed as started 😁

[joe90]

With my planning fight I wanted to start the garage workshop under permitted development (a house existed on the site) and I found that any demolition on site counted as “starting” ( I still had to fight that tho) so make sure anything you do is documented. 

[PeterW]

On 12/10/2022 at 23:15, PXR5 said:

Or do I need to get the Buildings reg's passed first? 

Yes - this also locks you to the standard on the day you get approval (with some very minor exceptions) so also allows you to plan accordingly.

 

On 12/10/2022 at 23:15, PXR5 said:

Or is there any easier way?

Depending on the work you need to do - substantive access works such as driveways which are marked on plans also count. That is the method some developers use in creating the site access, roadway and sewage provision then stop. It is slightly more risky of the access is not marked on plan as part of the approved plans. 

[ProDave]

45 minutes ago, PeterW said:

Yes - this also locks you to the standard on the day you get approval (with some very minor exceptions) so also allows you to plan accordingly.

In the case of Scotland, that only applies if you keep formally extending the building warrant, but my whole build was done to the 2013 version of building regs.

 

After I think it is 3 years, you have to renew the building warrant, and I was paying £100 per year to renew it from that point up to completion.

 

In Scotland failure to renew it would mean applying for a new building warrant and conforming to current regs.

[andyscotland]

16 minutes ago, ProDave said:

In the case of Scotland, that only applies if you keep formally extending the building warrant, but my whole build was done to the 2013 version of building regs.

 

After I think it is 3 years, you have to renew the building warrant, and I was paying £100 per year to renew it from that point up to completion.

 

In Scotland failure to renew it would mean applying for a new building warrant and conforming to current regs.

 

And they do technically have the discretion to refuse to extend if they don't think you're making adequate progress/can justify it, which I think is intended to stop developers locking in a build with e.g. old u-values/fire/whatever and then leaving it idle for years.

 

I'm on my second extension now (I asked for 6 months, they gave me 18, seems they're more realistic than me about how much I have left to do 🤣). But there were no questions asked, I suspect post COVID/everything they're comfortable with the idea of things being delayed.

[Dave Jones]

get a footing/or part of footing inspected by building control. job done.

[PXR5]

I found this in another post on this forum,

Building Notice

You can apply for Building Regulations approval from your local authority Building Control Service by giving a building notice.

Plans are not required with this process so it’s quicker and less detailed than the full plans application. It is designed to enable some types of building work to get under way quickly; although it is perhaps best suited to small work.

There are also specific exclusions in the regulations as to when building notices cannot be used. These are:

• For building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.
• For work which will be built close to or over the top of rain water and foul drains shown on the 'map of sewers'
• Where a new building will front onto a private street

If you decide to use this procedure you need to be confident that the work will comply with the Building Regulations or you will risk having to correct any work you carry out if your local authority requests this. In this respect you do not have the protection provided by the approval of 'full plans'.

Once you have given your 'building notice' and informed your local authority that you are about to start work, the work will be inspected as it progresses. You will be advised by the authority if the work does not comply with the Building Regulations. If before the start of work, or while work is in progress, your local authority requires further information such as structural design calculations or plans, you must supply the details requested.

A 'building notice' is valid for three years from the date the notice was given to the local authority, after which it will automatically lapse if the building work has not commenced.

A local authority is not required to issue a completion certificate under the building notice procedure and because no full plans are produced it is not possible to ask for a determination if your local authority says your work does not comply with the Building Regulations.