Planning permission & expiry

[Triggaaar]

When you get planning permission, you have to start work within a few years, or the permission is rescinded.

What happens if the planning permission is for two separate bit of work (say a kitchen extension, and a loft conversion), and you complete on one bit and have it signed off (building regs), and then do nothing more for several years? Do you have planning permission for the other work for eternity, or do you have to start that work within a certain time frame?

Thanks

 

[Rorschach]

Ask the planning department. At the end of the day it's only their response that matters.

 

[MusicMan]

They are usually very helpful on the phone.

 

[Lons]

As Rorscharch said, best to ask them but from memory if both projects are on the same approval then once you've started you should be ok although I doubt you can get just one part signed off. If seperate planning approvals then they are treated as such

 

[Triggaaar]

Ask the planning department. At the end of the day it's only their response that matters.

But surely this sort of thing is written in law?

It strikes me as odd that someone could build something that got PP decades ago, simply because they did something else at the time that was part of the same permission.

I will try and ask them when they eventually open

 

[Brandlin]

My understanding is that if it's on one planning permission then it is one piece of work. So you have started it.

But as everyone else has said ask your planning department they are normally very helpful and communicative.

There is a lot of judgement and interpretation in planning.

 

[MikeG.]

That which is permitted remains permitted so long as work commenced* within the requisite time, and that other conditions given with the original approval don't explicitly alter the situation. Asking the council is just to put your mind at rest, but otherwise be assured that one permission = one project and if you started that project on time and have complied with all the other conditions given with the permission, then you can proceed at your own pace.

* "Commenced" is defined differently by different local authorities. Most have some sort of variation on "meaningful start on site", with some stipulating that 2 different trades should have been involved , presumably to stop someone sticking a spade in the ground and claiming that this action keeps their planning permission valid in perpetuity.

 

[Triggaaar]

Thank you all for the replies.

That which is permitted remains permitted so long as work commenced* within the requisite time, and that other conditions given with the original approval don't explicitly alter the situation. Asking the council is just to put your mind at rest, but otherwise be assured that one permission = one project and if you started that project on time and have complied with all the other conditions given with the permission, then you can proceed at your own pace.

It seems like a loophole to me that you could have planning permission to build a 20 house estate, build one of them and then stop, but have planning for the others for eternity. Likewise with two completely different build projects on a property - you could have planning to build a side extension for eternity because you already fitted the roof dormer that was part of the original application.

 

[Geoff_S]

Is this how property companies land bank? Do they get permission to demolish a site and build say 30 houses, then do the demolishing bit and then nothing else until it suits them?

 

[tomatwark]

It also depends on which part of UK your are in.

In Scotland you need a build warrant as well as planning and regs.

The warrant runs from when you start for 3 years, after this you have to apply for extensions, it is up to planning to whether you get one.

I am on my second at the moment for an ongoing project I have but don't think I will get a third one.

 

[MikeG.]

Is this how property companies land bank? Do they get permission to demolish a site and build say 30 houses, then do the demolishing bit and then nothing else until it suits them?

I doubt that would be enough for most councils. As I said, many require 2 trades to have worked on the site. But putting in foundations and, say, drains, would be enough for anyone to argue that they've made a meaningful start on site. It's also not how their financing works. Once they start work on a site, a developer will normally be paying for the land. Until then, they may just be holding an option. Once they are paying for it, they have every incentive to get finished ASAP, and get the buildings sold.

 

[munkypuzel]

Two years ago i bought my house and there is a detached garage built in 1988. The garage was on a PP granted that also included a large 3 storey extension. I enquired with the Local Authority, and the said that I 'could just get on and build the extension'. The drawings were 30 years old, and i just built it. Obviously I needed to apply for Building Regs approval.

If it was materially started, then the PP last forever.

 

[Jamster21]

The other slightly strange bit to these is that the building regulations you work to are theoretically those in place when you asked for building regulations approval so if you originally had building regulations approval on your plans for both parts being compliant and only had one signed off, the old standards may still apply. That said, there may have been a cockup as I'd expect them to want it all done before signoff. When we built our place, the inspector didn't mind we were living in it while finishing off, but we could never have sold it as completed...

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[MikeG.]

The other slightly strange bit to these is that the building regulations you work to are theoretically those in place when you asked for building regulations approval so if you originally had building regulations approval on your plans for both parts being compliant and only had one signed off, the old standards may still apply. That said, there may have been a self generated mistake as I'd expect them to want it all done before signoff. When we built our place, the inspector didn't mind we were living in it while finishing off, but we could never have sold it as completed...

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This only applies if you had Full Plans Approval. If you are working on Notices, then you are going to find yourself complying with the latest version of the Regs.