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Guidance on Extending Planning Permission for Uncompleted House Extension


ISG

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Hello fellow forum members,

 

I hope this message finds you well. I am seeking some advice regarding planning permission for a house extension in the UK (Sandwell to be exact), and I was wondering if anyone here could share their knowledge or experiences.

 

A few years ago, I successfully obtained planning permission for a small single-storey extension to my house, from Sandwell Council. Unfortunately, due to unforeseen family circumstances, I was unable to proceed with the construction. It been just over two years and I think my planning approval has 3 year limitation, in which the work must have started.

As I have spent a lot of money on the planning process and getting it approved.  I am wondering if there are any options available to extend the existing planning permission or if there is a way to partially start the work to avoid a complete renewal.

 

Has anyone here faced a similar situation, or does anyone have insights into the rules and procedures surrounding the extension of planning permissions in the UK? Your advice would be greatly appreciated, and I'm open to any suggestions or experiences you can share.

 

Thank you in advance for your help!

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The indication of starting is usually digging the foundations but during a planning fight I had for my build established that any demolition also counted so do you need to demolish anything?, can you dig some foundations. Take pictures of any work with digital dates if possible in case you need proof.

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How much over 2 years has it been from approval? Double-check and then you know for certain how much time you have to play with. A site down the road from me 'locked in' their Planning permission by dint of slapping a bit of concrete in the foundation trench. I very much doubt that the concrete is deep enough, and I would not be keen on a foundation made of 2 entirely separate layers, but Planning seem to have accepted it. It is now an undeveloped overgrown eyesore (and also, due to site constraints, I am not at all sure how they will build it, but that's all 'irrelevant'!).

 

Do you have full construction drawings? Have you applied for Building Control approval, or are you proposing to use a Building Notice (alternative B Regs application type - fine if you are 100% sure of what you are doing; less so if not)?

 

Have you had a structural engineer to design the foundations? If not, get that now, or a.s.a.p., apply for Building Regs, get the foundations dug and poured and then, from a Planning point of view, I think you can breathe...

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Firstly, check if you need to formally discharge any pre-commencement conditions. Secondly, check if CIL applies and if applicable, submit the relevant forms prior to commencement.

 

Once you have sorted the above, you would need to make a material start/operation on site and that is defined as…

 

https://www.legislation.gov.uk/ukpga/1990/8/section/56
 

To confirm works have commenced, you could submit a Lawful Development Certificate to the LPA. Or you could have this confirmed by Building Control. As a result of the changes to the Building Regulations in October, the definition of commencement has changed…

 

https://www.nhbc.co.uk/builders/products-and-services/building-control/new-changes-to-building-control

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Hi All 

Thanks for the amazing responses.  Here is some additional info:

1) There is nothing to demolish, im just paving over a turfed area
2) I have checked the Sandwell Council planning portal and it shows the below dates:
         Application Received    Wed 27 Oct 2021
         Decision Issued Date    Fri 03 Dec 2021
    I am assuming its 3 years from the decision date or would it be from application received?

3) if I was to start it, eg dig one part of the foundation, eg one wall length.  Is this suffice to show that its started?  Do I need to get it signed off by council or is it suffice to show that its started by taking some pictures and sending it to the council?  I may need to delay the full build... but didnt want to loose my permission to do the build.  

Really appreciate all your help on this
 

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The 3 years is a Planning condition and is from the date of the approval. So you have to start “within” 3 years and not on the 3rd year date.

 

You don’t need to send anything to the Council in order to confirm commencement. Just document it with photos, etc…

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