Planning condition: Start within three years

[DevilDamo]

Example...

Decision date: 10th November 2006

Works commenced: 10th November 2009

The LPA's Enforcement Officer has been to site and has informed us/the client to cease works as works did not commence within three years. They are threatening enforcement action if a fresh new planning application is not submitted within two weeks.

I have spoken to a Senior Planning Officer at another LPA and she said the council would have to prove the client/works have caused "harm" for the LPA to take enforcement action and she is not sure how they can do this.

What are your views? I'm waiting for a call back from a Planning Consultant to see if they can shed any light on the subject. And the fact the LPA will look at going down the enforcement route for something, which in my opinion is so ridiculous is beyond me. But that's planning.

 

[freddiemercurystwin]

Not sure what you’re asking DD, if you have a 3 year limit to commence the building then 3 years it is. If it’s left to the last possible day to lift a turf then that’s a bit naïve to say the least! Are the planners doubting the day work commenced then? When did they contact the homeowner?

 

[Static]

Always thought it was "within" 3 years.. so doing it on the day after the 3 years is up is outside that..

 

[jeds]

You need to find some evidence that the works started within the 3 years. i.e. a letter from a contractor. A reciept to show that a machine was delivered to site. A letter from a neighbour saying the works started on x date. A building regs application pre-dating the start date. Anything you can find.

The evidence law on this is exactly the same as it would be for proving a time limit for a cetificate of lawfulness - that is the 'balance of probabilities'. Legally this means if you can show some evidence - however small - the local authority must show some counter evidence that outweighs the balance.

My guess is their evidence would be something from the neighbour?

Only slight flaw in the cunning plan I can see is that the permission probably expired at midnight on the 9th.

 

[DevilDamo]

You need to find some evidence that the works started within the 3 years.

I went to site, took photo's of a labourer digging the trench and sent that along with a covering letter to the client/contractor for his records.

Only slight flaw in the cunning plan I can see is that the permission probably expired at midnight on the 9th.

This is what the enforcement officer is implying. The planning permission would have expired on the third year date (i.e. 10th November) and so works should have commenced on 9th November

This "other" planning officer I spoke to said the LPA would need to prove the client/contractor has done harm in being able to take enforcement action, whcih she doesn't think would be possible... in this situation.

I just can't believe they have asked for works to cease and enforcement action being taken for works commencing on the third year date!!!

 

[jeds]

It is right that an enforcement action has to pass the test of harm and also public interest. I would ask them to send a formal enforcement notice ASAP so you can get an appeal in ASAP. I don't think they will do that unless they have a very specific reason for not wanting to reapprove an application. Insisting on a formal notice is often enough to focus their minds and come to the realisation that they are just wasting everybodys time.

 

[^woody^]

The applicant is in material breach of a condition. Your client's permission expired at 23:59.59s on the 9/11/09

Enforcement action would depend on whether the job is a garden shed or a new Tesco Superstore

What has been done in the 11 months since this work started - eg was the work "significantly" started on site? Or was a bit done back in November 2009 and then nothing else until now?

 

[DevilDamo]

Enforcement action would depend on whether the job is a garden shed or a new Tesco Superstore

It's a new small 2-bed house attached to another (i.e. end terrace).

What has been done in the 11 months since this work started

Site setting out, top soil removed and foundation excavation commenced in November 2009. Piling started earlier this week.