starting my obtained PP to lock it in.

[Big Jimbo]

Evening all. As some of you will know i have permission to extend my 650sq ft bungalow to about 3000sq ft house and a separate detatched garage. I'm going to go back into planning for 2 new properties instead of the single large extended house and detatched garage. I want to ensure that my new proposal is looked at against my current permission, rather than the existing bungalow which stands on the land. I am currently satisfying my planning conditions, and once that is done, i intend to clear the ground, and dig the footings for my garage. I can do this without involving building control, as the garage is just under 30 sq meters. By satisfying my planning conditions, and digging some footing for my garage, do you consider that i will have done enough to ensure that my proposal for 2 houses will have to be judged against my extended property, and not the bungalow that currently stands ? As always, thanks for your help.

[ProDave]

If the garage is part of the planning permission then digging and pouring the footings for the garage should lock in the permission.

 

I am not sure if this will change the consideration of the new application, just ensure that the old one cannot time out.

[Randomiser]

The answer is provided in the Town and Country Planning Act 1990.  In paragraph 56 it says:

 

"...(2)For the purposes of the provisions of this Part mentioned in subsection (3) development shall be taken to be begun on the earliest date on which any material operation comprised in the development begins to be carried out.

 

(3)The provisions referred to in subsection (2) are sections [F861L(5) and (7),] 85(2), 86(6), 87(4), [F989] 91, 92 [F10, 94 and 108(3E)(c)(i)].

 

(4)In subsection (2) “material operation” means—

(a)any work of construction in the course of the erection of a building; F1

[(aa)any work of demolition of a building;]

(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b);

(d)any operation in the course of laying out or constructing a road or part of a road;

(e)any change in the use of any land which constitutes material development...."

 

See here: https://www.legislation.gov.uk/ukpga/1990/8/part/III

 

So if the garage is part of the consent digging the foundations for the garage would appear to be sufficient.  But for the same reason, as it is part of a single consent I am not convinced you are right that you would not need to deal with Building Regulations.  That said, I am not sure you need to have started, I have seen many examples where reference in a planning decision is made to an extant permission that has not been enacted.

 

Hope that helps.

 

Randomiser.

 

 

 

Edited March 14, 2019 by Randomiser

[Big Jimbo]

Randomiser... Thanks so much. The problem i had was that i went back in for permission for 2 houses instead of the single large one.. The council decided that because i had not discharged my planning conditions (materials) or started work. They could disregard my permission, and would only consider the existing bungalow. This allowed them to refuse for the reason of overdevelopement.