Edit, following your edit!
Please help, do I really need planning permission?
- Thread starter pete47
- Start date
Sponsored Links
Pete, see my edit above. They are wrong. Starting is doing some significant work - i.e. digging. Years ago I got into a row with an authority over a 5 year permission that they claimed expired before work started. I found case law that said pegging out was starting work and that did the trick.
If you started digging before 1st october I would stick by your guns and don't let them bully you. Can a neighbour confirm that work started before 1st October? Or your builder. Or a wife. No planner would dare question the word of a wife. Did you not take photos of the start? The date is recorded in the exif info of digital photo files.
The planners are wrong.
Planning permission and building regulations are different and so an operation or stage in one, is not relevant to the other
From the Town and Country Planning Act 1990 s.56(1), development of land is deemed to have begun when certain things have been initiated. In this instance
(a) if the development consists of the carrying out of operations, at the time when those operations are begun
This means that when "operations" have begun then the development has started - and so the permission is instigated and any time limits start too (although time limits don't apply in this case)
S.56(2) states that development is deemed to have begun "on the earliest date on which any material operation comprised in the development begins to be carried out"
Basically, development initiates the planning permission (or PD rights).
So, what development initiates the permission? Well, there are a few, but the ones relevant in this case are -
- any work of construction in the course of erection of a building;
- the digging of a trench which is to contain the foundations, or part of the foundations of any building
So the starting of a trench starts the planning permission (which you have been granted under the GPDO in force at the time)
Write them a letter or email. Use the information above - in particular the section numbers - to state your case.
Use something like this within the text
"I am sure that you are aware that commencement of development under the TCPA 1990 is not associated to the commencement of work under the Building Regulations. Development was initiated on (date) when operations were begun on site in accordance with the TCPA 1990 s 56 (1) and (2), as amended and as defined in subsequent caselaw and decisions from the Planning Inspectorate.
If you have a different point of view, then please provide me with the authority on this.
My understanding of this situation is that I am lawfully entitled to continue with the development already begun under the GPDO 1995. Delays will cause me financial loss and other detriment. If your erroneous advice and incorrect interpretation of the TCPA 1990 and the GPDO 1995, and other subsequent matters delays my project then I will complain in the strongest terms to the Chief Executive, and if need be the the Local Government Ombudsman. I will also consider pursuing compensation for my losses in the civil court.
Please respond to me by (insert date in 5 working days time after sending)"
Planning permission and building regulations are different and so an operation or stage in one, is not relevant to the other
From the Town and Country Planning Act 1990 s.56(1), development of land is deemed to have begun when certain things have been initiated. In this instance
(a) if the development consists of the carrying out of operations, at the time when those operations are begun
This means that when "operations" have begun then the development has started - and so the permission is instigated and any time limits start too (although time limits don't apply in this case)
S.56(2) states that development is deemed to have begun "on the earliest date on which any material operation comprised in the development begins to be carried out"
Basically, development initiates the planning permission (or PD rights).
So, what development initiates the permission? Well, there are a few, but the ones relevant in this case are -
- any work of construction in the course of erection of a building;
- the digging of a trench which is to contain the foundations, or part of the foundations of any building
So the starting of a trench starts the planning permission (which you have been granted under the GPDO in force at the time)
Write them a letter or email. Use the information above - in particular the section numbers - to state your case.
Use something like this within the text
"I am sure that you are aware that commencement of development under the TCPA 1990 is not associated to the commencement of work under the Building Regulations. Development was initiated on (date) when operations were begun on site in accordance with the TCPA 1990 s 56 (1) and (2), as amended and as defined in subsequent caselaw and decisions from the Planning Inspectorate.
If you have a different point of view, then please provide me with the authority on this.
My understanding of this situation is that I am lawfully entitled to continue with the development already begun under the GPDO 1995. Delays will cause me financial loss and other detriment. If your erroneous advice and incorrect interpretation of the TCPA 1990 and the GPDO 1995, and other subsequent matters delays my project then I will complain in the strongest terms to the Chief Executive, and if need be the the Local Government Ombudsman. I will also consider pursuing compensation for my losses in the civil court.
Please respond to me by (insert date in 5 working days time after sending)"
Can i be your friend woody?
Sponsored Links
DIYnot Local
Staff member
If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.
Select the supplier or trade you require, enter your location to begin your search.
Are you a trade or supplier? You can create your listing free at DIYnot Local
