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My understanding (which may be out of date) is that once you have laid (or possibly even just dug)the foundations, your PP is written in stone.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