planning permission expiring

[Chrisy1950]

This is our first build project which will be our retirement home for me and my wife. It has taken us a long time and money to get the planning permission which was finally granted to us in March 2011.

We have not started the build yet due to unforseen set-backs with my job and family matters, however we still want to go ahead with the project hopefully within the next 12 months when we hope to be in a better financial position to start the work.

We have completed the Building Notice forms and we have Building Regulation Acknowledgement which was deposited with the council on 27/05/2011. I have contacted the council who have told me that we have up until the 25/05/2014 to start the work otherwise it will expire and we will need to re-apply for new planning permission again.

My understanding is that if we start the work and get the building inspector out to check the work that, once he has done an inspection we can take as long as we want to complete the project. However due to our current situation we have limited funds available and dont want to borrow any further money at this time.

We also have a garage which we use for storage and it will need to be demolished before we can start to do the footings and would like to keep the garage intact as long as possible.

My question is have we got to demolish the garage and complete the footings and concrete base work first or can we start other work such as drainage, barriers for protection of trees and hedges for the council inspector to check in order for us to save our planning permission from expiring and give us more time before we start the more expensive work.

 

[tony1851]

Tree protection works won't count, and drainage probably won't count either, as the drainage layout does not determine the physical outline of the build.
But laying the foundation does count, and once that's done, as you say you can take as long as you want.

 

[jeds]

Make sure you satisfy any conditions on the planning consent. Commencement won't count if conditions are not discharged.

 

[ban-all-sheds]

We also have a garage which we use for storage and it will need to be demolished before we can start to do the footings and would like to keep the garage intact as long as possible.

Looks like the footings are the minimum you'll be able to get away with as a stake in the ground, so it'll have to go.

Don't know how much stuff you have in there, or how valuable it is, but what about a shed?

Either a proper one if you're going to have one anyway, or if not then look on eBay for a good quality s/h plastic one (e.g. Keter), or buy a new ditto which you can sell on eBay when you've done with it.

 

[cjard]

Make sure you satisfy any conditions on the planning consent. Commencement won't count if conditions are not discharged.

Depends on the condition. Court rulings have held that the "before development commences" wording is largely irrelevant as to whether the condition is a material condition or not.. In essence, conditions that can be reasonably discharged during the course of works don't necessarily prohibit commencement of development nor is it a serious breach of planning control to start work - the rule of de minimis applies in that it's not in the public interest to prosecute for certain conditions not being discharged at the time the permission demands

 

[cjard]

My question is have we got to demolish the garage and complete the footings and concrete base work first or can we start other work such as drainage, barriers for protection of trees and hedges for the council inspector to check in order for us to save our planning permission from expiring and give us more time before we start the more expensive work.

Dig some footings somewhere else, not requiring the demolition of the garage, pour the concrete in and then get them to come and look.. It doesn't have to be the entire footings in order to have made a start

That said, the fee for renewal of an extant planning permission is much lower than a new application. Do you have reason to believe that local policy has changed so much in the interim time that your project would no longer be permitted

Or, just get on with it.. Ask for space in neighbours or friends garages, stack stuff in the house, use it as a good opportunity to throw away all the old **** you've been hoarding for years and get on with the job! You've got til May.. it'll be pretty much built by then, let alone started..

 

[Chrisy1950]

Make sure you satisfy any conditions on the planning consent. Commencement won't count if conditions are not discharged.

Depends on the condition. Court rulings have held that the "before development commences" wording is largely irrelevant as to whether the condition is a material condition or not.. In essence, conditions that can be reasonably discharged during the course of works don't necessarily prohibit commencement of development nor is it a serious breach of planning control to start work - the rule of de minimis applies in that it's not in the public interest to prosecute for certain conditions not being discharged at the time the permission demands

 

[Chrisy1950]

My question is have we got to demolish the garage and complete the footings and concrete base work first or can we start other work such as drainage, barriers for protection of trees and hedges for the council inspector to check in order for us to save our planning permission from expiring and give us more time before we start the more expensive work.

Dig some footings somewhere else, not requiring the demolition of the garage, pour the concrete in and then get them to come and look.. It doesn't have to be the entire footings in order to have made a start

That said, the fee for renewal of an extant planning permission is much lower than a new application. Do you have reason to believe that local policy has changed so much in the interim time that your project would no longer be permitted

Or, just get on with it.. Ask for space in neighbours or friends garages, stack stuff in the house, use it as a good opportunity to throw away all the old s**t you've been hoarding for years and get on with the job! You've got til May.. it'll be pretty much built by then, let alone started..

I'm not aware of any policy changes. I might be able to get away with digging half the footings without demolishing the garage.

Thanks for your advice!