Planning still live ?

[llandyrnog]

Hi, I am interested in purchasing a building Plot in Pembrokeshire and would be grateful for advice on the following.

Outline planning consent was given in 2001 for 4 no. building plots. Three plots have been developed leaving the one that I am interested in, My question is because three have been developed does this mean that planning is still live on this remaining one ?.

Thank you in advance

 

[blup]

Doubt it, you need to check planning history with the Council in particular reserved matters/implementation etc on the 4th plot. Might be an outside chance permission is still alive.

Blup

 

[^woody^]

Yes if part of a single permission and no conditions to the contrary. No if individual permissions.

 

[-AndyH-]

You need to check the decision notice for the property.

Simple things like discharging a pre-commencement condition are enough to trigger implementation of the planning permission and making it extant.

 

[Nakajo]

discharging a pre-commencement condition [is] enough to trigger implementation of the planning permission and making it extant.

It would be useful to provide a source for that assertion.

I would rather suggest that the inverse is true, by which I mean that a 'material' start would not be considered valid UNLESS pre-commencement conditions had first been discharged. It does not follow from this that a material start occurs automatically following the discharge of the last condition.

Instead, development begins on the date when a material operation is carried out, e.g. demolition, construction work (including works to construct a driveway to a house), or digging a trench for foundations (even allowing for documenting and backfilling of said trench).

It's not clear whether the works to form the neighbouring properties serve as a material start for this property.

For a fuller explanation, see for instance https://www.lexology.com/library/detail.aspx?g=6c0ad578-fff1-4d17-9120-ed1eb7263f39

 

[^woody^]