PP for 3 houses, 2 built...

[charliegolf]

If the first 2 were built 25 years ago, is the pp for the third still live? Clearly, 'significant work' has happened to start the pp off. It's a possibility for me- only in theory, but I just wondered. Is there a timex on such a thing?

Cheers

 

[^woody^]

What do the conditions say? If not met, the PP may not have even been enacted.

 

[charliegolf]

Well my house is one of the three, and my paperwork shows no conditions on time; just the usual stuff about surface water discharge and the like.

 

[DevilDamo]

The houses that currently exist, have they been carried out in strict accordance with the original approval/drawings in particular their size and position? If so, then that in theory does mean the Planning permission remains extant.

 

[^woody^]

Well my house is one of the three, and my paperwork shows no conditions on time; just the usual stuff about surface water discharge and the like.

It does not need to be a condition about time.

 

[charliegolf]

It does not need to be a condition about time.

Have you an example in mind, of a condition that MIGHT affect it. Ta.

 

[^woody^]

If there is any condition that should be met before starting work, but is not met, then the permission has not been enacted.

 

[^woody^]

Sorry I forgot to add before clicking

The time limits for enforcement specified in the TCPA and the limits for legal action under the Limitation Act will most likely apply. So 25 years ago is out of time for enforcement if any conditions were not met.

However, how this applies to this situation if the PP was never actually enacted is not clear to me. Perhaps the two existing houses are OK from any action, but if the PP is not enacted, action could be taken against the third house now as it would not be authorised?

Alternatively, if the permission is deemed enacted and the works ongoing, then potentially any breach of planning (even from 25 years ago) could be enforced now as the whole work granted under the permission is still live.

The large house builders routinely get permission and carry out some works, but then sites can remain dormant for years, before the houses start springing up.

 

[charliegolf]

Thanks Woody. It was an idle thought really, on the back of thinking, "PP was for three, but the third was never started so will have lapsed." Then I considered that it was a single pp for 3 dwellings, and seeing that 2 had been started (and finished). Hence the question, "How long can you string out a construction... can you be forced to finish or halt?"

To respond to your last answer, it seems to me that the pp WAS enacted; unless a planner wants to argue, "Ah, but you had to start all three!" Which is unlikely I'd have thought.

I can't afford the one whose garden the third plot would be in, so it's just a thought experiment.

 

[freddiemercurystwin]

Back in around 2008 I worked on a block of flats that, due to the orig developer going bust (in 1972), was finished except for the 8 flats on the top floor all under the original planning approval. It had planning and building regs approved in 1972. We added the top floor and the 8 flats and although we generally built them to modern regs in theory we could have built it using the old '72 regs.