New build 3yrs period

[masona]

I have a new build granted and if I don't start the work up to the 3yrs period, is it a case of rubber stamp it again or have I got to reapply the full application again or is it so they can add any latest regulations?

 

[tony1851]

If you don't start the work within the three-year period, the planning permission lapses and you would then have to make a new planning application.

 

[xr4x4]

Once the building has started, I'm pretty sure in saying it then never lapses.

Trouble is I don't know what constitutes 'starting' getting the footings checked by building inspector at a guess.

Worth thinking about/looking into.

 

[tony1851]

Yes, it's a common misconception - many think that it has to be completed within three years, but it only has to be started within that time.

Excavating and laying foundations would be regarded as a start.

 

[cjard]

There is a specific kind of application for "renewal of an extant permission" that may apply to your situation, and attracts a lower fee:
http://www.planningportal.gov.uk/uploads/1app/guidance/guidance_note-extensions.pdf

 

[DevilDamo]

There is a specific kind of application for "renewal of an extant permission" that may apply to your situation, and attracts a lower fee:
http://www.planningportal.gov.uk/uploads/1app/guidance/guidance_note-extensions.pdf[/QUOTE]

Bear in mind...

"It is not possible to use this procedure where the permission or consent has already expired at the time of application, or where the permission/consent was granted after 1 October 2010. In such cases, a new application would have to be made."

 

[eddieed]

You only actually need to dig a single hole in the right place, or if there is something to demolish knocking that down will constitute as starting.

For peice of mind I think it is worth getting to a point where someone official can see it, we had an extension built on our house and had a different planning permision which was due to expire for a detached garage, we therefore had the footings dug and foundations laid for the garage and they were then inspected by the building inspector before being covered over. We built the garage 3 years later.

Our neighbours have planning permision to demolish their house and garage and build a new one, they cannot afford to build the house but plan to do the garage as this constitues starting and therefore the permision will then never expire.

 

[tony1851]

You only actually need to dig a single hole in the right place,

I doubt digging a hole would constitute a 'start' for the purposes of the Act, it would need something far more substantial - excavating and pouring concrete footings would be start - also laying drainage for the approved building, for example.

 

[eddieed]

You only actually need to dig a single hole in the right place,

I doubt digging a hole would constitute a 'start' for the purposes of the Act, it would need something far more substantial - excavating and pouring concrete footings would be start - also laying drainage for the approved building, for example.

So you don't need to pour only dig...

Here are the official guidelines - stating Starting includes a Material operation:

“Material operation” is explained to mean any of the following:
■any work of construction in the course of the erection of a building;
■any work of demolition of a building;
■the digging of a trench which is to contain the foundations, or part of the foundations, of a building;
■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 above;
■any operation in the course of laying out or constructing a road or part of a road;
■any change in the use of any land which constitutes material development.

As I stated when we did ours we had the trenches dug and the foundations poured, we also had the drainage laid as it was done at the same time as the house extension.

 

[Nakajo]

I think eddieed's referring to the definition provided in section 56(4) of the Town and Country Planning Act 1990 - the same definition used for CIL purposes, as follows:

‘Material operation’ means –
(a) Any work of construction in the course of the erection of a building;
(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

I'm not certain that 'Material Operation' and 'Material Start' are equivalent terms. I would have thought digging a hole would be insufficient, but that laying a foundation or part thereof probably would be ok.

 

[jeds]

Also bear in mind that you must comply with all pre-commencement conditions. Otherwise digging a hole or foundation will not count as commencement.

 

[Nakajo]

jeds makes a really important point!

Also, on projects liable for CIL, I wonder if the provision of a 'Form 6: Commencement Notice' counts as a 'Material Start'?