What Constitutes Commencement of Works?

[machineage]

Hi all

So I had planning permission granted nigh on three years ago. I have been up to my ears in everything other than my house the last three years - and so now I am faced with letting the planning permission lapse or getting the minimum done to satisfy the council that works have started.

It's for an extension to the existing internal garage - conversion of part of the existing garage into a kitchen - removal of a conservatory from a gable end and filling in of the (then part open) gable with glazing to extend the living room - relocation of the main entrance & other minor alterations.

I wanted to know if there was a standard policy with regards to what is considered commencement of works which all councils have to adhere to? Also would I need to engage BC to again satisfy the commencement of works requirements?

Thanks!

 

[Nakajo]

Digging the trench *might* be enough, but laying the foundations is standard.

 

[^woody^]

All that is relatively minor works and whilst it may well be a technical breach, it's not really something the council would bother about if you did not enact the permission within the timescale. It depends if you are in an area of busy-bodies or special interest though I suppose.

For such work to be deemed as significant enough, would imply that building control would be involved in any case. It would also certainly help formalise the start and give proof to the planners if need be. But its not a definitive requirement.

A trench won't be enough. Drainage could be, and foundations certainly. You can even cover them back over if you like. There is not a lot else that you can do to be deemed significant with your proposed works.

 

[RichA]

If there are 2 (or more) elements to an application do they both have to be commenced?

e.g. If application includes 2 separate extensions are they treated separately. Or if you start (& finish) one extension then does the other unstarted become 'banked'.

 

[tony1851]

That is the rule.

 

[Nakajo]

That is what rule?

 

[machineage]

Hi all

Thanks for the replies.

The foundations are up against the boundary with my neighbour which comprises a timber / concrete post fence. Just digging for the foundations would leave the fence in a somewhat precarious state - I suspect I would need to dig & fill. This will require BC involvement - along with the associated fees.

My other option is to re-apply with the original plans. I did ask if the option to extend the planning permission was available - however I was informed that this is no longer an option. I guess my concern would be if anything has changed in planning policy that may affect the outcome second-time around.

 

[LukeB123]

Indeed you can no longer extend the time on planning applications, the ability to do that stopped a couple of years ago.

You can maybe argue commencement by arguing that by doing one or 2 of the minor works in the approval that you have started, but it's probably not worth the hassle. I would just put the plans in again with the £172 fee. I can't imagine that the policies on household development will have changed too much to warrant a refusal, but never know

 

[^woody^]

If it is all on one application, ie one single permission then you only have to start some of it to enact the permission

 

[nab]

Technically the perrmission is lost after 3 years but the council don't go around monitoring that sort of thing as such.

If you have a neighbour who has a bee in their bonnet then they may complain to planning enforcement, who may then insist that you reapply.

If you did have to reapply, but it wasn't a contentious planning permission in the first place, then I can;t see that it would be refused.

Perhaps check that there hasn;t been a major update in your local plan though as this could affect the decision making process.