I wish to build a brick built workshop in my back garden. I am allowed
to do this without applying for planning permission provided it built
within the rules of permitted development.
However my council want to bring my property within a conservation
area (this could happen within 7 weeks).This will mean that I will
need planning permission for the workshop.
How do I protect my right to build the workshop without applying for
planning permission (it will be refused when I am in the conservation
area) I don=92t really want to start building it for another 18 months.
Thanks for any help you can provide
Start the development, and tell the planning office that you have done
so. I am sure there is some case law which related to PP without a
completion timescale specified, in which digging the foundations out for
a house and nothing more was deemed to show that "development had started".
On Mon, 14 Jan 2008 09:44:52 -0800 (PST) Smithy42 wrote :
First IANAL. Legally, your workshop already needs planning permission,
but if you start now planning permission is (assuming you're correct in
your interpretation) deemed to be granted by the General Development
Order ('Permitted Development'). ISTM that the best thing to do is
probably to do something that counts as commencement of work, even if
you then have to stop for a prolonged period, being sure that at a later
date you can confirm when you actually did start. I would write to the
LA stating that you intend to construct X as per the enclosed drawing
and were intending to commence work immediately at your own risk and
would they please confirm that it is PD. That avoids them arguing at a
later date that what you are then building is not what you started.
There is just a little doubt in my mind that they could issue an Article
4 direction taking away your rights to carry on, but effectively they
would be revoking a planning consent (given by the GDO) that you had
decided to act on, and given that you had commenced work, you would be
entitled to compensation. Definition of commencement of development is
provided in the Town and Country Planning Act 1990, s54(4):
"The Town and Country Planning Act 1990 defines "material operation" as
any work of construction in the course of erecting a building; the
digging of a trench which is contain foundations, or part of
foundations, for the construction of a building; the laying of any
underground main or pipe to the foundations, or part of the foundations,
of a building or to any such trench; any operation in the course of
laying out or constructing a road or part of a road; or any change in
the use of any land which constitutes material development"
If it is of great consequence I would get advice from a planning
You must make 'material' commencement work - which will be something
significant like laying the foundations.
Once you have done this you will have a few years (actual time period
is not specified), to complete the development.
Just because a property is in a conservation area does not automatically
mean that you would not get permission. In this case it simply means that
you would have to get permission rather be allowed to do it under permitted
development rights. Assuming you have made a bona-fide start to the work
before the conservation area becomes effective then you should be OK.
Normally, I'd agree. But in this particular circumstance, it would be
worth the money to tie the council's feet up in their own paperwork.
The OP can combine the application with a drawing of what he's doing and
preferably a photo of the footings pegged out and a few shovels of earth
dug out. Or he can of course take the risk of doing it the undocumented
Because of s91(4)(a) of the TCPA 1990 - there is no deemed 5 year
duration for permitted development, so caution dictates keeping the
development going. From a practical perspective, the neighbours and so
on are less likely to find it all a great new surprising outrage years
after the conservation area came in. I'm not suggesting doing very much
- almost a literal snail's pace.