Anyone know when building works are considered to have "started"?

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Hello. I'm talking about the 3 year rule which I presume means 3 years from planning consent.
I've heard different opinions for example.

A course of bricks is enough.
If there's a structure in the way, it's demolition is the start.
As soon as you start digging the footings.

Does anyone know? Cheers.
 
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The moment you start any work.
Many people just dig a trench then leave it as it is.
Some councils might have their own rules though.
 
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This hasn't (to my knowledge) been definitively tested in law, so yes it depends on the circumstances, but generally an act of work that could (reasonably unambiguously) be assumed to pertain to the consented works would suffice.

The problem with demolition is that it could be for reasons that are nothing to do with the consented scheme.

Although I have seen it argued that marking out the site boundaries is sufficient, forming a foundation is the more usual cornerstone.
 
To enact a planning permission, the work has to be "significant".

The significance is not defined, but to be significant the work must be substantial enough to make it indisputable that the permitted work is intended to be carried out.

Foundations in up to ground level, steel beams and structural alterations to receive the permitted works, extensive drainage installation and connection to public system may be deemed significant.

But it depends. If the permission is for a new window or a taller fence, then you'll need to prove what would be significant.

Not any demolition, nor a course of bricks, nor starting digging or starting any work.
 
To enact a planning permission, the work has to be "significant".

The significance is not defined, but to be significant the work must be substantial enough to make it indisputable that the permitted work is intended to be carried out.

Foundations in up to ground level, steel beams and structural alterations to receive the permitted works, extensive drainage installation and connection to public system may be deemed significant.

But it depends. If the permission is for a new window or a taller fence, then you'll need to prove what would be significant.

Not any demolition, nor a course of bricks, nor starting digging or starting any work.
You should come around west London.
Lots of "approved started projects" left for years, just to stop the clock.
 
We had planning permission for a 3 bed house where our workshop is. It was more to test the water than anything else as that will affect the price when we eventually sell up. It's since expired. I did toy with the idea of putting some foundations in (couldn’t do them all as some of it follows the footprint of the workshop) to stop the clock but apart from the expense of digging and filling them, as soon as work has started, my local authority demand that you pay the CIL (Community Infrastructure Levy - in our case, just over £8k). Sod that, whoever buys it can pay it. We let it expire and I’ll either renew it (if possible) or just reapply using the original plans. At least I know that PP for a domestic dwelling is possible on the site.
 
It's no guarantee that the same thing will be re-approved. Even if policies don't change, the area and attitudes/perceptions may.
True, but I’m fairly confident. It’s a commercial property/yard in what is now almost an exclusive Domestic housing development. I’m one of the last of many commercial properties that has not been turned into housing.
 
In theory, you could dig a trench and it could be argued that you'd started. Talk to the building inspector and see what he'd want.

I got a 8m x 8m garage up to the slab and was signed off as making an acceptable substantive start. That was 9 years ago now.
 
What constitutes commencement is set out in the act. Specifically when 'any material operation comprised in the development begins to be carried out'. It goes on to list several examples of what would be a 'material operation', including;
1. any work of construction,
2. any work of demolition,
3. the digging of a trench which is to contain the foundations,
4. the laying of an underground main or pipe

PS. I can also tell you there is case law that says 'pegging out' constituted a material operation.
 

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