What constitutes a start on site

[peca27]

Afternoon all

Hopefully due to get permission for a new build detached house for a client but want to be 100% on something.

We have an existing garage on the site, it'll have to be demolished for the new house to be built (all as per the approval).

Question is.....what constitutes the start of works legally as far as the Planning Approval goes?

Demolition + removal of Garage only
The above PLUS laying a line of foundations (eg, to the front of the house only)
The above PLUS laying all the foundations for the house

Don't really get too many clients who don't start the works after getting approval tbh, so not 100% clear.

 

[jeds]

To secure implementation of planning permission you must carry out a 'material operation'. Demolition is a material operation but to be safe and avoid any dispute whatsoever I would advise pulling a trench and pouring some concrete. Any trench will do - doesn't have to be the whole thing. Once you do that the planning lasts forever and ever. But you must comply with all conditions before commencement - i.e. before you demolish. Otherwise it can be overturned later.

 

[^woody^]

It has to be more than a material operation (which can be a minor thing in planning terms), and has to be a "significant" material operation - such as foundation laying

IIRC, demolition would not be a material operation unless it is part of the actual written permission - ie demolishing the garage is not enacting the permission to build the house

And I doubt that only laying foundations to the front part of the house is significant - ie it's what 25%? - Plus its not even feasible to lay part of the foundation for a house

 

[jeds]

Town and Country Planning Act.

S.56 Para (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.

para (4) “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);

 

[peca27]

So correct me if I'm wrong here but......

The demolition of the existing Garage is noted on the drawings and would have to be done prior ot foundation works etc.

Therefore if the client demolishes the Garage, the 'material operation' has taken place and thereby works have begun?

Once I get the approval thru, I'm gonn ask the Planning Officer to confirm that demolishing the Gargage is considered a 'material operation'......via e-mail therefore we've got it in black + white.

 

[jeds]

Yes. Get the start confirmed in writing and then you can't go wrong.

 

[DevilDamo]

And just make sure the start date is the day before the date of the planning approval (plus three years). So if your approval is dated 4th December 2008, the last start date would be 3rd December 2011. You probably already know that. I didn't and found out the hard way

 

[peca27]

Much appreciated for the adivce

 

[^woody^]

Town and Country Planning Act.

S.56 Para (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.

para (4) “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);

Yes, those are definitions of material operations under the TCPA, but can not necessarily be used to define a true start on site and enactment of the permission

There are numerous specific inspectorate appeals and case law which define what is needed to determine if the work subject tot he permission has started or not

Take demolition, one inspector refused to grant a CLD for the construction of a new dwelling on the basis that the demolition of a former shed on the site did not amount to a material start to the development - it was ancillary and enabling works. Previous case law was used to support the decision

Other inspectors have found that the digging of a foundation trench of the wrong type, or in the wrong place did not count as a material operation

But most importantly, even if material operations have begun on site, these wont count if there are outstanding conditions to be resolved before the work should have started - if so the permission will be invalid

Oddly, digging a foundation trench and then filling it in and paving over some of it would be deemed as a start of the work!

 

[jeds]

Take demolition, one inspector refused to grant a CLD for the construction of a new dwelling on the basis that the demolition of a former shed on the site did not amount to a material start to the development - it was ancillary and enabling works. Previous case law was used to support the decision

The OP says the demolition is specifically mentioned in the planning application so it should be ok. However, demolition does generally cause confusion in this area and that is why I advised pulling a trench - to absolutely avoid any dispute.

Other inspectors have found that the digging of a foundation trench of the wrong type, or in the wrong place did not count as a material operation

But most importantly, even if material operations have begun on site, these wont count if there are outstanding conditions to be resolved before the work should have started - if so the permission will be invalid

Again. I did say in my first post the OP must make sure he complies with all conditions.

Oddly, digging a foundation trench and then filling it in and paving over some of it would be deemed as a start of the work!

 

[^woody^]

The OP said that demolition is noted on the drawings, which is not the same as being specifically mentioned in the planning permission (and so forming part of the permission given). Otherwise it is just ancillary or enabling work in this context

And lots of people start work and then sort out the conditions. But in these cases, is doubly important to follow the permission document to the letter

The OP really needs to read up on this before he can advise his clients, as it is not just a case of doing something on site

 

[peca27]

Finally got the Planning Approval through. As a reminder the client doesn't want to build the house yet, just wants to do the absolute minimum with a view to sell the land in the future with the Planning Approval in place.

It describes the proposed work on the Approval Notice as 'Demolition of Existing Garage & Erection of one dwelling'.

Amongst the conditions it asks for samples of facing & roofing materials. It also mentions the requirement of detailed plans indicating existing and proposed levels in accordance to Ordanance Datum. The site is generally level so it won't be much of an issue. But I don't really want to be instructing a surveying co. to do the site & organising samples just to get a 'start on site'.

So the question is what I would have to provide information wise prior to demolishing the Garage. I presume I'm correct in assuming that, as it's mentioned clearly on the Approval Notice + in the drawings, the demolition of the Garage will be considered as the 'start on site'.

I will be e-mailing the Planning Officer for clarification, but would also appreciate a bit of guidance prior to contacting them.

 

[freddiemercurystwin]

//www.diynot.com/forums/building-regs-planning/what-constitutes-a-start-on-site.301934/#2206285

 

[peca27]

Just after clarification freddy...... woody was asking me to ensure the demolition of garage is quoted on the Approval Notice, which it now is.

So I take it all levels info + samples of facing materials can be deferred for now?

Just get rid of the Garage + we're ok?

 

[suzuki750]

Use an approved inspector for bg regs. A friend of mine used an AI and spoke to them about planning expiring.

They asked him to dig a trench 1m x 1m then wrote report saying excavations commenced.

Planning dept accepted this as a start!

good luck