Lapsed application

Sid1968 · 21 May 2021

Need some advice please
A friend of mine applied for hot food takeaway and new shop front Application was granted in 2010 new shop front was fitted on 2011 and minor works started internally then the works stopped due to depleted finances and the other personal issues.
The premises as been the same since 2011 untill recently a rental interest showed interest to rent. The interested parties contacted the planning office to confirm of the planning permission. They where told the PP as lapsed and the interested party backed off.
My understsnding is you have 3 years to commence the development ie new shop front etc.
Is this still the case that the PP lapse even though the works started??

Please can someone clarify how long you have to complete once the development has started

Regards

^woody^ · 21 May 2021

Was it one application or two?

Unless conditioned otherwise, there is no time to complete only implement - which means a "significant" start.

The planning office does not know whether work has started, finished or lapsed so I can't understand how they can tell any enquirer that permission has lapsed - unless there is a condition on the permission for the applicant to do something regarding providing information to the planners.

If the council has given someone wrong information and caused loss or damage your friend should pursue a complaint and then a claim via the Ombudsman or county court.

Sid1968 · 21 May 2021

Thanx Woody

It was only a 1 application and only condition was a noise impact assessment which was discharged in 2013 within the 3 yrs lapse period

So to be clear can the complete the works and open as a approved business??

^woody^ · 21 May 2021

The permission does appear to be implemented via the start of the shop front work (which would be deemed significant) and the discharge of the condition, therefore the shop is now effectively a take-away despite not ever trading as one.

Sid1968 · 21 May 2021

Much appreciated Woody

wessex101 · 21 May 2021

I would suggest that the change of use to a hot food takeaway is by far the the most significant part of the application so replacing the shopfront alone would not be a "significant start". Assuming the property was an A1 shop to start with I don't see how a new shopfront would be instrumental in the change of use.
The council's position seems reasonable to me, if the change of use has not been implemented after 11 years simply re-apply.

^woody^ · 21 May 2021

wessex101 said:
I would suggest that the change of use to a hot food takeaway is by far the the most significant part of the application so replacing the shopfront alone would not be a "significant start". Assuming the property was an A1 shop to start with I don't see how a new shopfront would be instrumental in the change of use.
The council's position seems reasonable to me, if the change of use has not been implemented after 11 years simply re-apply.

A change of a whole shop front to facilitate a take-away is not insignificant.

Further, the significance is not just in the physical sense but in the intent, cost, appearance and other factors. The discharge of the condition is also a factor in the significance and intent of the applicant.

wessex101 · 21 May 2021

^woody^ said:
A change of a whole shop front to facilitate a take-away is not insignificant.

Further, the significance is not just in the physical sense but in the intent, cost, appearance and other factors. The discharge of the condition is also a factor in the significance and intent of the applicant.

I'm struggling to imagine what is so special about the shopfront for a take away. From my limited experience they look pretty much the same as any other shopfront.

^woody^ · 21 May 2021

wessex101 said:
I'm struggling to imagine what is so special about the shopfront for a take away. From my limited experience they look pretty much the same as any other shopfront.

Special enough to require a planning application

wessex101 · 21 May 2021

Well no doubt Sid will get back to us and let us know that the council have come to their senses and decided that changing a shopfront does constitute a significant start for the change of use for a hot food takeaway. God knows we desperately need more hot food takeaways.

Sid1968 · 21 May 2021

Lol

Thanx wessex
To be honest i dont want to advise my freind to go and rattle the councils cage. Just carry on as it is?

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Lapsed application

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