Planning Permission

[Trevor62]

Just over a year ago I was granted planning permission to build a 2 storey detached house in my side garden. Their is a restrictive covenant on what I can build in the side garden so I have had to make an application to the upper lands tribunal to have the restiction either modified or removed.

My question is regarding the time I have left given to me too start building or I guess losing planning permission. I have not done the building regs yet until I have full certainty that I can actually remove the restriction.
What is the least I could do to start the process of my granted permission so as to not lose it ?

Do I have to do the building regs first?

Can I dig out the area for the foundation?

Many Thanks

[Dan_Manchester]

You just need to make a start, so a trench for some service pipe?

[pilman]

https://www.fsp-law.com/planning-per...f-development/

What constitutes “commencement”?

In order to lawfully ‘commence’ development it is necessary to satisfy the legal requirements in section 56(4) of the Town and Country Planning Act 1990. This says that “development is taken to be begun on the earliest date on which a material operation is carried out”. A material operation can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land.

In practice, very minor works are usually sufficient to commence development. This could be as simple as putting in footings or even just pegging-out a roadway. Caution should be had though, as any works done must reflect what was actually permitted by the planning permission. This means crucially that any pre-commencement planning conditions must be complied with before works commence on site. Otherwise any works done to implement in accordance with section 56(4) may not be lawful and may then be subject to challenge by the local authority.

If the planning permission contains ‘pre commencement’ conditions which are not likely to be complied with before the date on which the planning permission would (but for implementation) expire, then in the alternative an application could instead be made to vary the planning condition. This could be dealt with by way of a s.96a application (an application for a non-material amendment) to vary the wording of the relevant conditions to perhaps delay the date for compliance.

Note the relevance of having all pre-conditions approved of, before any work can be legally shown to be the start of the development for the dwelling granted planning permission.

I seem to recall that laying a water pipe with a tap at the site, or creating a hard surfaced access to the site is sufficient evidence of commencement of development..

[SouthernDave]

The term used is “capture planning” so that it doesn’t expire

[Trevor62]

CONDITIONS: 1 The development permitted shall be begun before the expiration of three years from the date of this permission. REASON: In order to comply with the provisions of the Town and Country Planning Act 1990 (As Amended). 2 The development hereby approved shall be carried out in accordance with the drawing titles: Site Location Plan (ref. 100047474); and 02 Rev. D. REASON: For avoidance of doubt and in the interest of proper planning. 3 All external materials to be used in the development shall match the appearance of those of the existing two-storey building at ******** and shall be consistent with those as listed within the submitted application form and the drawings / plans as listed in Condition 2. REASON: To ensure that the materials harmonise with the existing buildings and surrounding area in accordance with policies 7.4 and 7.6 of the London Plan (2016); 1.1 and 1.2 of the Local Development Framework Core Strategy (2012); and 7B and 7.4 of the ***** Development Management Development Plan (2013). 4 A Minimum of six (6) secured cycle parking spaces shall be provided as shown in dwg. 02 Rev. D of the Approved Plans and in accordance with adopted standards of the London Plan (2016). Such provision shall be brought into use prior to first occupation and retained permanently. REASON: To provide adequate facilities for cyclists and increase the use of active and sustainable modes of transport, in accordance with policies 6.1, 6.9 and 6.13 of the London Plan (2016). 5 A minimum of two (2) 240.0 litre bin dedicated to recycling, two (2) 240.0 litre bin dedicated to recycling, and three (3) 23.0 litre bins dedicated to food waste shall be provided in within the curtilage of the property in accordance with dwg. 02 Rev. D of the Approved Plans and the adopted standards of the London Plan (2016). Such provision shall be brought into use prior to first occupation and retained permanently. REASON: To protect the living conditions of occupiers of the area and in the interests of the future occupants of the development in accordance with the ****** Council’s Waste Management Guidelines for Architects and Developers, as well as, policies 5.17 of the London Plan (2016); 1.1 of the Adopted **** Development (Core) Strategy (2012); and 3.5, 7A and 7B of the **** Development Management Plan (2013).

6 The first floor side-facing windows to be installed on the northeast-facing side elevation of the dwelling house hereby approved as shown in dwg. 02 RevD of the Approved Plans must be obscure-glazed and non-opening unless the parts of the window which can be opened are more than 1.7m above the floor of the room in which the window is installed. REASON: To protect the living conditions of occupants of nearby properties in accordance with policies 7.6 of the London Plan (2016); and 7A, 7B and 7.4 of the ***** Development Management DPD (2013). 7 Prior to commencement of construction and demolition works, a detailed Construction Method Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan must detail the: - On-site construction worker parking; - Anticipated number, frequency and size of construction vehicles entering/exiting the site; - Delivery times and booking system (staggered to avoid morning and afternoon school run peak periods); - Site access for construction traffic and contractor staff parking and associated signage; - Consolidated or re-timed trips; - Site security; - Secure, off-street loading and drop-off facilities; - Vehicle manoeuvring and turning, including swept path diagrams to demonstrate how vehicles will access the site and be able to turn into and emerge from the site in forward gear; - Locations for the storage of building materials and construction debris and contractors’ offices; - Procedures for on-site contractors to deal with complaints from local residents including the name, telephone number and address of a responsible person to whom enquiries / complaints should be directed. These contact details shall also be displayed at regular intervals around the site compound; - Use of Transport for London’s Freight Operator Recognition Scheme (FORS) or similar; and - Control measures for dust, noise, vibration, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 08:00-18:00hrs Mondays to Fridays and 08:00-13:00 hrs on Saturdays - in accordance with the GLA's SPG for The Control of Dust and Emissions During Construction and Demolition (2014), ILP's Guidance Note

1 for the Reduction of Obtrusive Light (2020), BS 5228-1:2009+A1:2014, and BS 5228-2:2009+A1:2014 - and the advance notification to neighbours and other interested parties of proposed works. The development shall be carried out strictly in accordance with the approved plan for the duration of the works. REASON: To ensure appropriate mitigation measures to protect the amenity of local residents and ensure adequate highway and site safety in accordance with policies 6.3, 6.3, 7.13, 7.14 and 7.15 of the London Plan (2016); 1.1(e)(j) and 2.1(c) of the ****** Development (Core) Strategy (2012); 7A and 7B of the **** Development Management Plan (2013); the Greater London Authority Best Practice Guidance 'The Control of Dust and Emissions from Construction and Demolition (2006); and BS 5228-1:2009 - Code of practice for noise & vibration control on construction & open sites-Part 1: Noise. 8 Prior to commencement of the development, details of a noise assessment of the external noise levels from transport and commercial sources (incl. reflected and reradiated noise where appropriate) completed in accordance with the standards of **** SPG 10 - Noise and Vibration shall be submitted to and approved in writing by the Local Planning Authority. The details shall include the sound insulation of the building envelope including glazing specifications (laboratory tested including frames, seals and any integral ventilators, approved in accordance with BS EN ISO 10140-2:2010) and of acoustically attenuated mechanical ventilation and cooling as necessary (with air intake from the cleanest aspect of the building and details of selfnoise) to achieve internal room and external amenity space noise standards in accordance with the criteria of BS8233:2014 and SPG10. Details of the post completion test shall also be submitted before the premises are occupied and additional steps shall be taken as necessary to minimize noise impacts. Approved details shall be implemented prior to occupation of the development and permanently retained. REASON: To ensure that the amenity of occupiers of the development site is not adversely affected by noise from transport sources, in accordance with policies 7.15 of the London Plan (2016); and 7A and 7B of the ****Development Management Plan (2013). 9 The individual and combined external noise level emitted from plant, machinery or equipment at the development site shall be lower than the lowest existing background noise level by at least 10dBA as measured at or calculated to the nearest and most affected noise sensitive premises. The assessment shall be completed in accordance with BS4142:2014 (e.g. ensuring all machinery operating together at maximum capacity). REASON: To ensure that the amenity of occupiers of the approved development and surrounding premises is not adversely affected by noise from mechanical installations/equipment, in accordance with Council’s SPG 10 - Noise and Vibration, as well as, policies 7.15 of the London Plan (2016); and 7A of the***L* Development Management Plan (2013).

[Trevor62]

The final part of the conditions that I could not fit on the previous post:


10 Prior to their first use, all machinery / plant / equipment / extraction / ventilation systems and ducting for the development hereby approved shall be mounted with proprietary anti-vibration isolators and all fan motors shall be vibration isolated from the casing and adequately silenced and maintained as such of the life of the development. REASON: To ensure that the amenity of occupiers of the approved development and surrounding premises is not adversely affected by vibration noise, in accordance with Council’s SPG 10 - Noise and Vibration, as well as, policies 7.15 of the London Plan (2016); and 7A of the ****** Development Management Plan (2013). 11 Prior to commencement of the development, details of the insulation of the building envelope with windows shut and other means of ventilation provided that will achieve the internal criteria for sensitive rooms as specified in****** Supplementary Planning Guidance 10. The details must also include the provision of alternative means of ventilation in accordance with the Local Planning Authority’s criteria specified in **** Supplementary Planning Guidance 10. The approved details shall be implemented prior to the commencement of development and, thereafter, be permanently maintained. REASON: To ensure that the amenity of occupiers of the development site is not adversely affected by noise from aircraft noise generated within the worst mode aircraft one-day noise contour predicted for 2016 (57/60 dB) in accordance with policies 7.15 of the London Plan (2016); and 7A and 7B of the***** Development Management Plan (2013). 12 Prior to the first occupation of the development hereby approved, works to provide the hard and soft landscaping (incl. trees, hedges, shrubs and plants) shown on dwg. 02 Rev. D of the Approved Plans shall be carried out in full, to the satisfaction of the Local Planning Authority, and maintained permanently. Any trees or other plants which die or are removed within the first five years following the implementation of the landscaping scheme shall be replaced during the next planting season and maintained permanently. REASON: In the interests of protecting the visual amenity of the local area, ensuring suitable amenity spaces are provided for future occupants, and providing sustainable urban drainage in accordance with policies 3.5, 5.10, 5.12, 5.13, 7.4, 7.5, 7.6, and 7.21 of the London Plan (2016); and 5.10, 7A, 7B and 7.4 of the ***** Development Management Plan (2013). 13 Notwithstanding the provisions of Parts 1, 3 and 20 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (As Amended) (or any order revoking, re-enacting or modifying that Order), no alterations / extensions / changes of use of any kind shall be carried out without the prior permission of the Local Planning Authority obtained through the submission of a planning application for that purpose. REASON: To prevent the overdevelopment of the site and ensure that the Local Planning Authority retains control over the quality, impacts and provisions of any change of use and alterations in the interests of protecting visual amenity and safeguarding amenities of the occupiers of neighbouring properties in accordance with policies 7B, 7.4, 7.14 and 7.15 of the London Plan (2016); 3.7 of the ***** Development Strategy 2026 (2012); and 7A, 7B and 7D of ****** Development Management DPD (2013


In simple terms what do I need to do minimum?

[Piffy]

A thought, when you say there is a Restrictive Covenant, I always wonder if its enforceable in that if the people who originally set the Restrictive Covenant no longer exist, who is there that would pay a firm of solicitors to take action for not observing the covenant.
(IThere is a Private Road leading to one of my rentals. There is a Restrictive Covenant saying there is No Parking on the Private Road. The developer retained the land of the Private Road. The developer went into Liquidation 5 years ago. The Land Registry dont show the Private Road s having an owner

[pilman]

7 Prior to commencement of construction and demolition works, a detailed Construction Method Plan shall be submitted to and approved in writing by the Local Planning Authority.

That appears to be the first pre-construction condition, which requires an extremely high level of compliance.
As does the second pre-construction condition.

8 Prior to commencement of the development, details of a noise assessment of the external noise levels from transport and commercial sources (incl. reflected and reradiated noise where appropriate) completed in accordance with the standards of **** SPG 10 - Noise and Vibration shall be submitted to and approved in writing by the Local Planning Authority.

Seeing those conditions make me glad I retired as a property developer before matters became so complicated.

It seems a as though political correctness has taken over the construction of even a single dwelling.

[Trevor62]

Hi pilman

So you are saying if I submit No.7 I could make the existing application valid in perpetuity?

I have emailed Planning Officer Regeneration and Planning Services and their reply:

The only way to extend a planning application is to re-apply, the application will be assessed under the current policy, but the previous approval would bear weight in the consideration of the application.

Another way to make the existing application valid in perpetuity, is to commence works on site, this could be digging the drainage trenches or foundations. You would need dated photographic evidence as a minimum or even better would be to have the work viewed by a building control inspector.

From my knowledge on restrictive covenants they run with the land, yes maybe the reason they were put in place are no longer there but it would be risky for me to procede without clearing this matter up. I am reliant on the tribunal with all there knowledge to make the right decision for me.

Apparently there has been an increasing amount of applications similar to mine where people are being held back by these kind of restictive covenants and lets face it the country needs new housing and self builds can be a big part of the drive to increase the housing stock. I think this is one of the reasons I got permission because my local council have been quite strict in the past.

Many Thanks

[pilman]

So you are saying if I submit No.7 I could make the existing application valid in perpetuity?

No, that was not what was being stated.

Another way to make the existing application valid in perpetuity, is to commence works on site, this could be digging the drainage trenches or foundations. You would need dated photographic evidence as a minimum or even better would be to have the work viewed by a building control inspector.

You have to comply with the pre-development conditions before digging a single trench will accomplish the practical start of the development.

Only then will that work be lawful as the start of operational development, which would be capable of extending the length of time during which the development can be completed.

As soon as that first work is undertaken the planning permission is then extant, meaning that it can take as long to finish the house as the developer wants to take, because development has lawfully commenced with the benefit of the planning permission granted for it.

[Trevor62]

Thanks Pillman, I guess I will engage with my surveyor to walk me through the conditions to gain perpetuity. Because the developement is close to a semi busy road conditions 7 & 8 are welcomed, to be sure that the building does not suffer from vibrations or excesive noise.

Many Thanks