Expiring planning permission

[Andrew Mawson]

As I understand it Planning Permission usually evaporates if the work isn't started within 5 years. If PP has been granted and the work starts, am I correct in thinking it doesn't matter how long it takes to complete the PP will stand ad infinitum ?

If this IS so what constitutes 'starting' ? I am in the process of buying a house that has a barn with PP to convert to a dwelling. I don't want to convert it, but I do want to keep the PP alive and don't want the issues that can be raised by re-submissions every 5 years as guidelines change.

The plans for conversion naturally call for a new concrete floor to be laid, which I need anyway for my use of the barn. If I laid the new floor would that count as 'starting' ?

AWEM

[Roger]

The message from "Andrew Mawson" contains these words:

I would have thought so but with so much at stake it would be best to consult a lawyer.

ISTR reading a law report in a national newspaper some years ago on this point where, IIRC, grubbing out the hedge to gain access to the site was held to be 'starting'.

ISTM that the floor will need to comply with BRs (well insulated) and you will be stung for the cost of a building notice even if you don't have to submit plans. I don't know whether or not the building notice would be open ended. There are time limits getting submitted plans approved which is the only route I have gone down so far.

[robert]

Check what conditions were imposed in the planning permission, you may find it has to be completed within a set period. Robert

[Peter Crosland]

You need to look at the specific planning permission to see what the time limit is. It may specify a completion date as well as a start date. Not common but it does happen

You might find yourself served with a completion notice if the local authority realise you are taking the mickey and have no genuine intention of doing the conversion.

There is quite a lot of case law on this and you realy need to take paid for professional advice from someone that has a proven track record. Even so you cannot be certain.

Peter Crosland

[Tony Bryer]

Save that the Planning Authority can serve a Completion Notice - have never heard of one being served though

Town & Country Planning Act 1990 s.56(4), basically

1. Some form of construction work
2. Digging a foundation trench
3. Laying pipes, services or foundations
4. Laying out or constructing a road
5. Changing the use of the land in a material way

There are quite a few legal cases on this subject!

[Brian Sharrock]

The legislation has been changed thanks to the ODPM ;- PP is now only valid for _three_ years. [From granting of PP ... don't know how they define start nor end]

[Roger Mills]

It doesn't define 'begun' - nor does it specify a latest completion date. Not that it matters in my case - the whole thing was done and dusted within weeks of the permission being granted.

[John]

Sorry to "hijack" the thread Andrew but a question popped into my head which is something similar, yet completely different :o)

I am a licenced radio ham and probably 15 or 16 years ago I applied for, and was granted, planning permission to erect an aerial tower in my back garden. The work was done and the tower duly erected. However, about 5 years ago I became sorely disillusioned with ham radio and sold all my gear off, including the aerial tower and aerials.

If I ever become interested enough again at some point in the future, would I just be able to erect a new tower (same height and specs as the original, of course) without going through the process again?

Cheers,

John

[r.bartlett]

When we looked towards extending our house in 2000 we contacted the council. They said "It did have planning for what you're proposing back in 1976 but as it was never started it's long expired"

Looking at the outline I replied "well you obviously haven't seen my kitchen"

Turns out that planning was granted back then for a two story extension but somewhere way back a single story was built but the council was never informed!

Once they'd agreed I did indeed have a kitchen as proposed they then considered the project 'started within 10 years' so we finished it off as per original plans -Which was nice as they wanted us to do the silly 'step back' at the front to signify the old/new but the approved plans were for no join ;-)

Cheers

Richard