Is my planning permission still valid..?

[Unhappycamper]

In 1996 one planning application was made and granted for the following;
vehicular access, double garage and a rear extension to the property.
The vehicular access was completed but neither the garage or the extension were built.
As these were all on the same application does this count as works being started and therefore mean we could now build the garage and extension?

 

[^woody^]

I doubt that the work will count as a significant start to enact permission, but whether you want to chance it and see what happens would be something to consider

 

[Unhappycamper]

Thanks Woody. Just had a new garage application rejected so feeling a bit peeved, especially as it was smaller than the one they approved in 96.

 

[DevilDamo]

In reality, you started and completed the works as outlined on the approval so your permission would not expire. If they did challenge it, you'd have a very strong case to back it up. However, on the majority of jobs, planning would only normally take a "start on site" as when a building regulation inspection was carried out. That way it is officially recorded. In your case, building regulations wouldn't have been required for the first phase, so there's no reason why they would have had to inspect. On the other hand, you should have delivery notes/invoices, etc... relating to the first phase and dates as to when the job was carried out.

 

[jeds]

There's no doubt in my mind that forming an access is a material operation and secures the extant planning permission. Particularly if that was specifically mentioned in the approval. This is only the case though if all conditions of the original planning were adhered to and discharged. Exactly what was involved in forming the access?

 

[Unhappycamper]

Unfortunately the work to create access was completed by the previous owner so I don't have any receipts/invoices although we are in contact with him so we may be able to obtain these.
The propert previously was laid to lawn right down to the verge with the road. As the property is on a slope they had to level off the land to create a driveway and take down hedging to create vehicular access. They requested drive in/out but this was refused so we just have single access. They also had to clear an area large enough for a turning circle as the access is on a bend and not safe to reverse out. As the pot is on a slope they also built a retaining wall to hold back the garden so it was quite a substantial amount of work but as previously stated none of it required building regs. Does anyone know of a company that could assist with planning issue? I have copies of the original and current plans available? We haven't asked the planning dept if the original plans are still valid as I'd rather find out if they are first. Planning have made a suggestion that we reapply siting the garage in a different location that would involve taking out the retaining wall and a huge amount of excavation work. We'd also then be left with a drive that you could probably fit 8 cars on but you'd lose the Turing area!!
Any help much appreciated.

 

[tony1851]

From the amount of work you say has been done already, I would say that you have started the work and could continue with the original approval (at that time, the limit for starting the work woud have been 5 years).

The fact that it was done by a previous owner is irrelevant as the p.p. goes with the property.

 

[jeds]

I agree - you've started work. Providing all conditions were met the planning now lasts for ever. Building regs has nothing to do with it except it can sometimes help to pin down dates. But it's not essential. If it were me I would just get on with it. You're under no obligation to make any applications or get any letters. Some evidence of when work was started would be useful in case the planners kick off.

 

[Unhappycamper]

Thanks everyone for your responses, much appreciated.
The only problem is the garage that was approved in 96 doesn't quite meet our requirements hence why we submitted new plans. The planners refused it saying they would not approve it in the location requested. I don't really see how they can refuse it on those grounds if the original plans are still valid?
The new garage is actually smaller than the original one and is to the same spec (black weatherboarding and slate roof) all we've added is a log store to one side. Is it worth me speaking to a planning specialist?

 

[Unhappycamper]

Well having spoken to the previous owner of the property it looks like we're in a better position than we first thought. Turns out under the original approved planning application they moved the staircase and installed French doors and a couple of windows and got sign off from building control. Looks like the original garage is still applicable. I've been in touch with a local planning specialist who is also in agreement. Going to be an interesting conversation with the planning dept..!

 

[tony1851]

Going to be an interesting conversation with the planning dept..!

Why waste time in having a conversation with them? What is there to discuss?
The work has been substantially commenced, so get on with it.

 

[Unhappycamper]

As I stated before the garage approved in 96 doesn't quite meet our needs, hence why new plans were submitted. The refusal was due to planners stating the location wasn't suitable. If we have to build the original garage we will but would rather see if we can now get our plans approved (based on the fact we can go ahead and build in that location regardless of what they say).