Multiple planning permissions

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hi,

I entered my planning application for development work a couple of years ago, at the time we were up against a large CIL payment for changing from commercial to residential. This is because the site was vacant. To fix this we removed change of use from that plan, and used the site in its lawful capacity while developing against the now approved development plan.

Now we have completed a bunch of the works and want to move in, but that will require a change of use application. We are still developing part of the site against the existing approved application.

Whats the best way to proceed? is it ok to submit a new application while one is unfinished?
or
Can I upgrade the existing approved plan to change of use?

cheers (planning is a minefield)
 
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This sounds like too complicated a question to answer here - but no doubt someone will have a go
 
From what I see the planning system is only complex when owners/developers try to "game the system". If you had been open and honest in the first place, and paid the fees due then you would not be trying dig your self out of a hole now.
 
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tbh, wish I'd never even bothered the planning department, non of my neighbors seem to bother, and so I've spent thousands and had to jump though countless hoops while they all get on and improve their buildings.

but yeah thanks for your advice, Geoff.
 
You say you used the site in its "lawful capacity". The only lawful capacity was the existing commercial use, so I assume you mean that.

You ask "is it ok to submit a new application while one is unfinished?" A - Yes of course, gaining planning permisson does not obligate you to carry out the works. Plenty of permissions never happen for whatever reason.

You ask "Can I upgrade the existing approved plan to change of use?" A - Well we don't know what your approved plan is, but I doubt it. A 'change of use' application is entirely separate to a development application. If you have changed from commercial to residential you generally need a change of use permission. It doesn't matter if the building was vacant for a period. A vacant building retains its previously established use.

However it is worth checking the latest 'permitted development' rules. The current government has softened things to boost housing supply. Some changes from commercial to residential don't need permission any more.
 
That's very helpful, thanks. I will look into the permitted development rules as I am under the impression (from previous research) we'd fall into that.
 

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