Getting started (or how to keep a planning approval 'live')

[SueBoo]

I have planning approval for a new build house in my garden with a new garage for my own house on same planning approval. The approval description includes 'Demolition of existing garage. Development of new house and garage.....'
I have an archeological condition that I have just submitted a WSI and reserved condition application to deal with and this should 'release' this one.

What I really need to understand is what I can do as a minimum to get the planning application deemed to be 'live' and who can help me? Building Control ? As I am led to believe demolishing the garage should be enough to deem it started but getting mixed messages from LPA ...

At the moment I cannot fund the building works in full so trying to keep the application live (as we are now in a conservation area - brought in after the approval - thus to re-apply would have all kinds of extra burdens) in the easiest most cost effective way possible.

Appreciate guidance as to where to go to find out definitively / what best to do

TIA

 

[tony1851]

Demolishing the garage won't be enough.
To keep the approval 'live', you need to excavate for the foundation and pour the concrete strip. After that, you can take as long as you want.

 

[Notch7]

My guess the difficulty comes down to proof.

I think to get that you would have to submit a Building Control application and as Tony says dig foundations and pour concrete - which would require a building inspector to visit site to approve foundation depth.

I don't believe there is anything in Planning Policy to indicate what a ‘material start’ actually is, however this is a generally assumed requirement.


Planning officers never check any project once approved unless there's a nosy neighbour dispute.

If somebody let planning lapse for years before building their extension, I've no idea if planners could deem it unlawful, or if that's ever happened.

 

[^woody^]

You need to make a "significant" start. What significant is depends on the size and complexity of the proposed works. It certainly does not need to be foundations.

There are many threads on this with details.

 

[tony1851]

It certainly does not need to be foundation

Then how would you define a 'significant start'?

 

[DevilDamo]

If your Planning approval specifically states and includes the demolition of the garage, then demolishing it in my opinion is deemed as implementation. Obviously make sure any pre-demolition conditions are formally approved first.

The only thing with demolition is obtaining something formal that you have demolished. You may be able to do this via a Certificate of Lawfulness application.

Your best bet may be to speak to your Planning Officer as different LPA’s have different implementation rules.

 

[Mottie]

The planning application I had to build a house on my workshop site expired last October although I think it was extended by a few months because of Covid. I was thinking of doing some footings to keep it live but because it’s a new build, there was a CIL charge of around £8k that was payable as soon as I started. I let it expire, I can always put in a fresh application using the same plans and I’ll be fairly sure of approval - nobody wants a stinky, noisy garage in the middle of a residential area!

 

[DevilDamo]

Then how would you define a 'significant start'?

“TCPA 1990, s 56(2) provides that development shall be taken to be begun when a 'material operation' is carried out. A 'material operation' is defined in TCPA 1990, s 56(4), and includes any work of construction in the course of the erection of a building, demolition of buildings and the digging of trenches etc”

 

[^woody^]

Then how would you define a 'significant start'?

You need to make a "significant" start. What significant is depends on the size and complexity of the proposed works.

What's a significant start for a front dormer application? Foundations?

 

[tony1851]

OP said he's building a house, not a dormer............

 

[^woody^]

But the principle remains, the significance of anything depends on several factors. Just because it's a extension, does not mean that foundations are the required significance.

 

[frutbunn]

Planning tried to insist on a new app for a barn conversion where I used to work, however the owner had created a passing point on the 400 yard access road, basically scraped some grass away and dropped a couple of tons of limestone chipping waste from the local quarry on the clearing. Planning actually took advice from counsel, who basically said that's all you need to constitute a start and on his advice they went no further.

 

[jeds]

Lots of things can constitute commencement, including demolition and even just pegging out. Your problem is that Cil becomes payable on commencement - or at least triggered by the date of the commencement notice. If you claim you have started, you will run into non-payment of Cil problems, and that might be worse (a lot worse) than re-applying.

 

[charliegolf]

deleted.

 

[SueBoo]

If your Planning approval specifically states and includes the demolition of the garage, then demolishing it in my opinion is deemed as implementation. Obviously make sure any pre-demolition conditions are formally approved first.

The only thing with demolition is obtaining something formal that you have demolished. You may be able to do this via a Certificate of Lawfulness application.

Your best bet may be to speak to your Planning Officer as different LPA’s have different implementation rules.

This is what I was thinking - in my OP I mentioned that the Planning Approval description includes 'Demolition of Garage' which could constitute a start. And then applying for the Cert of Lawfulness (which costs about as much as a planning application) would be the tool that deems that the approval has been recognized as started - is that right?? Would Building Control help here ref: what constitutes the start or is it the planning officers to define ???

Just for info, the site is my garden adjacent to my house and is awkward.......it needs a fair size brick wall taking down first, then c. 10m x 6m x 2m deep earth removing plus realigning a shared sewer into the road before even getting anywhere close to a level where I could dig any footings - hence wanting to get the approval started without a huge cost (until I can afford the groundworks and as a minimum the garage !)

CIL - I have declared a Self Build so does not attract this fee

Thanks for your comments