Planning permission

[RachelDC]

We are in the process of buying a house, part of the reason for buying is because it has planning permission to extend, however this is due to expire Nov. As part of the deal we asked for the plans to be resubmitted so we can have extra time in building.
Now, it looks as tho planning perm may be refused. I didn't realise that if some digging work had started this would have been ok and we would have a few years to start the work.
If planning is refused, can we still start digging as the old plans hadn't yet expired or will the new refusal be what we have to go by?

Hope this makes sense

thanks for any advise

Rachel

 

[freddiemercurystwin]

The old planning permission will still be effective even if the new app is refused but only up to the point it expires in Nov, if you have not commenced the works. Why not extend the existing planning permission? Though its so long since I did one I can't remember how long this takes so that may not now be an option for you now anyway. Someone else will no doubt know off the top of their head.

May be better to just get your shovel out sharpish and get Building Control round for a looksee in the hole and getting proof that they inspected. Getting Building Control involved is a good reliable way to record when the works began.

 

[RachelDC]

The old planning permission will still be effective even if the new app is refused but only up to the point it expires in Nov, if you have not commenced the works. Why not extend the existing planning permission? Though its so long since I did one I can't remember how long this takes so that may not now be an option for you now anyway. Someone else will no doubt know off the top of their head.

May be better to just get your shovel out sharpish and get Building Control round for a looksee in the hole and getting proof that they inspected. Getting Building Control involved is a good reliable way to record when the works began.

Thank you. I thought that the plans had been sent in to extend the pp, but apparantly it is a re-submission of the old plans (not sure if this is the same thing). I think getting the shovel out is the answer!

Thanks for your prompt reply

 

[AndrewSchofield]

You can either apply to extend the existing planning permission (but only if it hasn't expired yet - ie before November) or you can just re-submit the application for a new approval. However, if the local planning policies have changed since the original approval then the time extension application could still be refused if it now isn't in line with policy - its not a straightforward extension of the old permission, it is still considered against the policies. Either way, the decision is likely to take 8weeks, and so depending on when exactly the old permission expires and when the application was submitted, its likely the old one will have expired before you get any decision on the new application.

If i were you, i'd get digging as soon as possible, then you know you've got your approval. You might have to go further than just digging trenches though, such as laying the foundations and possibly laying drains etc... but once you've made a start on the approval you don't have a time limit in which to finish it. Check with the planning office what they consider is a 'start' on the build and once you've done that, get them to confirm in writing that you've made a start before the permission expired.

One other thing you need to check, if the planning approval had any pre-commencement conditions on it, you need to discharge them before you can start, and therefore you need to move FAST!!

 

[RachelDC]

If i were you, i'd get digging as soon as possible, then you know you've got your approval. You might have to go further than just digging trenches though, such as laying the foundations and possibly laying drains etc... but once you've made a start on the approval you don't have a time limit in which to finish it. Check with the planning office what they consider is a 'start' on the build and once you've done that, get them to confirm in writing that you've made a start before the permission expired.

One other thing you need to check, if the planning approval had any pre-commencement conditions on it, you need to discharge them before you can start, and therefore you need to move FAST!![/quote]

Thank you for your response. We will indeed be getting out the shovels and making a start - v soon!

 

[DevilDamo]

It has already been said, but your best (and easiest) bet would be to commence works, which would constitute a start on site (i.e. foundation excavation). Bear in mind that to have this officially recorded as commencement, you may need to get Building Control on board who would require an application and fee.

Do you think the sale of the house can be completed in time for you to commence works?

 

[RachelDC]

Thanks for yr reply.

We are hopefully moving in next week, so we have a few weeks...
We will be making this our no.1 job as soon as we are in!