Making a start to preserve Planning Permission

[Norbert]

We have planning permission. It involves demolition and rebuilding on more or less the same footprint. We have 3 years to commence the work. 

 

How can we preserve the permission in perpetuity without actually commencing demolition if we choose to delay? One option would appear to be to replace the existing outdated/illegal septic tank with a new package treatment works, which was included in the plans as a necessary condition to get permission. Plus of course it is the right thing to do anyway.

 

So would doing this constitute a start that would be acceptable (I presume it would)

How do we document that this start has been made and therefore PP will last indefinitely, possibly for use by a future buyer?

Do we need to get our plans agreed with Building Control before we we start on the  new package treatment works?

Do they then need to inspect the installation and sign that off as proof of anything?

 

Any advice on this would be very welcome

[DevilDamo]

You’ll find this of some use…

 

https://www.adpltd.co.uk/our-knowledge/what-counts-as-commencement-of-development#Legal Requirements for Commencement of Development

 

In order to confirm commencement, you can look to submit a Lawful Development Certificate to the LPA.

 

The definition of a Planning commencement is different to a Building Regulation commencement.

[twice round the block]

We spoke to building control and they we're happy for us just to put the new drain runs in.

Obviously every local authority and every application is different on what is acceptable to them.

You'll just have to contact them.

[DevilDamo]

@twice round the block Apart from the OP is asking about Planning, not Building Regulations.

[Alan Ambrose]

Note that there’s a CIL gotcha here if this is self-build and your LPA charges CIL - that is that you/your buyer won’t be able to apply for planning for a new design and get a self-builld CIL exemption. That’s because you have already started on this development.

[Norbert]

Thanks all. My LPA does not charge CIL

[DevilDamo]

3 hours ago, Alan Ambrose said:

That’s because you have already started on this development.

Even though the OP’s LPA has not introduced a CIL charging scheme, where does their post mention works have commenced?

[Alan Ambrose]

Well the OP says that he wants to call a start to preserve the permission for posterity. I’m pointing out that a couple of BH members have fallen foul of an expensive CIL gotcha. I only didn’t make this mistake (about £60K cost to me) as I’ve taken to running everything past my LPA’s CIL people before making any move pre-permission.

[kandgmitchell]

You will need to clear all the pre-commencement conditions before a start could be defined as commencing the works.

[twice round the block]

On 05/05/2024 at 23:10, DevilDamo said:

@twice round the block Apart from the OP is asking about Planning, not Building Regulations.

@DevilDamo

To preserve planning.

I did read it correctly and my response was regarding keeping ours live for another 3 years. Nothing to do with building regs.

[Temp]

You will need to ask the planners what constitutes starting development. Normally they expect you to have dug foundations and had them inspected by the BCO but I suspect this is so they have some record of work having been done. Planning law doesn't require that, it just say development must have started. The definition of what counts as development is open to interpretation.

 

It's quite possible the planners won't tell you what you need to do or give you any confirmation that you have done it. Officially the only way is to do something and apply for a certificate of lawfulness/development on the grounds that work has started. I've seen this done for a wind farm they don't want to build yet. They build a short length of an access road and apply for a certificate.

[ToughButterCup]

On 05/05/2024 at 20:00, Norbert said:

...

Do we need to get our plans agreed with Building Control before we we start on [...]?

Do they then need to inspect the installation and sign that off as proof of anything?

...

 

You have full PP? Or Outline permission?

Have you submitted your plans to BC for approval? (Often called The Building Regs Application) If so ( and they are happy) , then No is the answer. No  (as proof)  is the answer to the second question too.

One quick way I have heard of as showing commencement is to install a temporary electricity supply (you may already have one?). Photograph and date the installation. Send via email to Building Control.

Job jobbed.

 

As usual @Temp (above) has the definitive, official, water-tight answer. It's a bore though. And costs munee.

[DevilDamo]

3 hours ago, twice round the block said:

@DevilDamo

To preserve planning.

I did read it correctly and my response was regarding keeping ours live for another 3 years. Nothing to do with building regs.

So why did you speak to Building Control? 🤔

[twice round the block]

On 07/05/2024 at 19:14, DevilDamo said:

So why did you speak to Building Control? 🤔

Sorry planning, wrong department.

Too many builds on the go, at once, 

hence the need to keep a PP alive for another 3 years.