Part completed extension are plans still valid?

[A14hya]

Hi guys,

I'm not sure if this topic has already been discussed but could really do with some advice.

I bought my property last year and it has some plans which were passed in 1980. Part of the work was started and completed within a short time of the planning permission being granted. I now want to carry on with that scheme and complete the work as per the passed plans.

My question is, is there a time limit as to when the planning permission would expire in this case as building work had commenced within 3 years of permission being granted?

I have spoken to my local planning office and not been given a clear answer based on anything firm or following any rules or guidelines.

I was initially told that if the building work did commence within 5 years as that was the set limit at the time for starting the work then there is no limit on how long you have to complete the work. The same person then went away and came back on the phone and backtracked by saying it would be safer to submit new plans in case they ask me to remove the new part.

I have submitted plans to my local council to build a 2 story side extension which has been rejected twice and also been through appeals and had it rejected. So I am very frustrated and have spent a lot of time and money and not even started to build yet.

I would really appreciate some advice on this.

Many thanks.

 

[Nakajo]

The time to talk to us is before you submit plans to the council

 

[A14hya]

The plans I have submitted to the council are for a different scheme.

Sorry if that was not clear.

 

[freddiemercurystwin]

I don't follow your first post, you have partially completed works which you want to finish and have applied for PP to do a different extension? What gives?

 

[^woody^]

There is no time limit for completing work that is significantly commenced.

There is a two week time limit for us to do the post mortem on your failed planning applications.

 

[A14hya]

I don't follow your first post, you have partially completed works which you want to finish and have applied for PP to do a different extension? What gives?

The plans I have submitted were for a two story side extension and the old 1980s plans are for a single storey extension.
The reason for that was to create more bedrooms. The old plans give us more downstairs living space.

 

[A14hya]

There is no time limit for completing work that is significantly commenced.

Hi Woody,
Thanks for the reply.
Is there any documentation that I would be able to find this written in.
I trust what you are saying, I just want to be sure I don't get into any trouble later if I go ahead with the work.

 

[freddiemercurystwin]

Your planning application approval will state a time period by which the works must be commenced. Provided the planners recognize that you have commenced the development within that period then you have an unlimited time to complete the works.

 

[tony1851]

s.56 of the T & CP Act 1990 gives the definition of when work has been started - the list is in sub para. (4).

 

[^woody^]

Hi Woody,
Thanks for the reply.
Is there any documentation that I would be able to find this written in.
I trust what you are saying, I just want to be sure I don't get into any trouble later if I go ahead with the work.

It's within the TCPA 1990, or rather a completion time limit is not specified in the Act, so it's deemed there is no limit.

This is supported by that fact that the planners can issue a Completion Notice to force development to be completed within a certain time. So this recognises that permission had no limit once work is commenced, and allows for planners to impose one if they see fit.