Planning Permission

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barry_carr
Posts: 11
Joined: Wed Mar 19, 2008 8:14 pm

Planning Permission

Post by barry_carr »

Hello All,

An unusual question i guess but right now i am struggling to find the answer, perhaps someone on here can advise.
Earlier this year after believe it or not 2 years of fighting planning and NFH's i was grantes planning permission for a demolition & rebuild.
The existing propert was demolished and construction on the new started which basically is now up to wall plate height.
Due to personal reasons, i have chose to halt construction activities for now and close the site.
My question is:
Is there any time limit by which the development has to be complete now that it is started.

Any advice would be greatly appreciated.

Regards
Barry
Barry
w3526602
Posts: 446
Joined: Mon Sep 20, 2010 4:58 pm
Location: south wales

Re: Planning Permission

Post by w3526602 »

Hi,

My understanding (which may be out of date) is that once you have laid (or possibly even just dug)the foundations, your PP is written in stone. That should be somewhere in the Act.

But I heard of a case of a self-builder who dug his foundations, then had to cease development for a period, so he back-filled the trenches to prevent them collapsing. The Planners decreed that the development had not been started.

The Act also says (said) that forming an access road can prove that development has started. Hmm! I obtained DPP for a 60ft x 30ft building an my 7 acres, to in-winter my sheep which I hadn't bought yet. :D I cut a track from the road to the site, then abandoned the project. When I last frove past that site, it appeared to be used as a scrap yard. There was a gate across the track, but no fence. :?

602
602 (That was my "last three")
RUHEAP
Posts: 44
Joined: Thu Jul 21, 2011 10:27 am

Re: Planning Permission

Post by RUHEAP »

had a similar case myself..planing was turned down...i appealed and won...had buldozer on site ready to demolish.. my house was stripped totally..empty no elec.. water..gas..waste pipes..elec was cut 100' from the house. cost a lot to find it later. then the green party stepped in!!!!!!...the noise would disturb a bird in my garden !!!!! they blocked any further progress..the council then said my house was uninhabitable & to go & live on the street !!!! this i did ( just out of guys hospital after a stroke) slept in my small corsa outside bagshot village toilets..that's the big problem...the police god bless them kept an eye on me... as i was getting ill...it was the middle of winter..used the community centre as it is next to the toilets to wash/eat/clean my clothes...& k e e p warm..on the days it was open... the police were worried told me to break into my house and sleep there which i did...they would talk to the council..it took me 4 months to get my door key back from them...slowly repairing the house bit by bit..took ages..took the local bus to the community centre each morning to wash etc.. the planning elapsed after 4 years..was given an old caravan thank goodness in the meantime..I think the police quietly arranged that..,note these remarks as a warning..even after winning an appeal...& spending money.. fyi..3 parties offered to get my plans approved straight away for approx same money £170k.
all the best
barry_carr
Posts: 11
Joined: Wed Mar 19, 2008 8:14 pm

Re: Planning Permission

Post by barry_carr »

Thanks both for the replies so far & RUHEAP ... sounds like you had a terrible experience there, hope you are past that all now.
Well as i said it is up to wall plate height with brickwork and all passed by building inspector to date. Existing plot, so no change to access drive either. I am not personally aware of any time limitations but that is why i am asking on here because i am not 100% sure that what i think is correct.
Hopefully some member on here will know the official line.

Regards
Barry
Barry
pilman
Posts: 3186
Joined: Thu Mar 11, 2010 4:08 pm

Re: Planning Permission

Post by pilman »

The official line is that the planning permission was implemented when development commenced, so that you now have as long as necessary to complete the development.

That presumes that any planning conditions that had to be approved before building work commenced were indeed submitted to and approved in writing by the council. otherwise you have not begun development.

If that was done, then the Town and Country Planning Act has been complied with so you cannot be stopped by the local planning authority.

The other poster seems to have fallen foul of some other legislation if rare animals or birds were nesting on site. That is not a planning matter, but bats and owls and some crawly things can bring action under these other types of protection statutes, as can finding bodies during your excavations.

Hopefully you are already past that stage, so when you return to start construction things will proceed uninterrupted by officialdom.
barry_carr
Posts: 11
Joined: Wed Mar 19, 2008 8:14 pm

Re: Planning Permission

Post by barry_carr »

Thank you for that pilman, that's great to hear.
Yes as you say, being up to wall plate, i am now well past & beyond any problems. There was much i had to do prior to development as stipulated in the permission ie. install ditch/drainage but that has all been done prior.

Thanks again.
regards
Barry
Barry
pilman
Posts: 3186
Joined: Thu Mar 11, 2010 4:08 pm

Re: Planning Permission

Post by pilman »

Just as a word of warning to anyone who starts building without having the pre-development conditions accepted and agreed in writing, a large developer did this and then had to demolish hundreds of built houses, because the Local Plan changed during the period of building work.

When it was realised that work had started without planning permission because these conditions had not been dealt with, the new retrospective planning application to build the same 100 houses was refused because of the change in policy.

Of course the matter finished up in court, but the judge ruled against the developer simply because these conditions were included in the lawful planning permission, so not complying meant that there was no lawful start of the development of any one of these 100 houses.

Imagine the costs of that fiasco!
andrew54
Posts: 6994
Joined: Wed Dec 14, 2005 7:25 pm
Location: north yorkshire

Re: Planning Permission

Post by andrew54 »

I have known a planning authority threaten to take action when a large house-extension was built but not finished. For about 15 years it was an ugly shell with no roof and no windows. Action was threatened due to adverse condition of property. The owner then put a roof on so no order was made.
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