3 years planning permission expired

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    3 years planning permission expired

    Hi all

    I have planning for a house which has just expired (3 years)

    I've done the foundations

    I'm not planning to build it for some time, as i have other things going on

    Is this permittable? Can i build it whenever i want, now i've done the foundations?

    Thanks

    #2
    Assuming that this query relates to a full planning application, the first thing to check is that any pre-commencement conditions on the original planning consent were discharged by the Council.

    The conditions of interest will usually say something like "No development shall be commenced until..." or "Before development commences...". If you have any pre-commencement conditions and you havent had them discharged by the Planning Department, then technically the permission would now be invalid.

    If however you did discharge all your pre-commencement conditions, and the concrete foundations have been constructed, then I would consider this to be a lawful commencement of the development, and accordingly you can complete the development at any point in the future.

    I would nevertheless recommend that you approach your Local Authority for confirmation of this, as it is they after all who will need to agree with this view. It will also be useful for future reference when you come to continue the works.

    Regards

    Rob Duncan

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      #3
      Lets assume i didnt do the foundations and i wanted to renew the planning permission for a further 3 years.

      Ive been told it could cost as much as 30% of the value of the property via a section 106!

      Can anyone shed some more light on this. Wouldnt this stop people from developing i wonder?

      Comment


        #4
        Yes, It would be worth looking at the conditions but I would have thought that if the build started with a view to completing the development and then for various reasons it was halted that you have clearly implemented the planning permission. If that's the case and you decide to carry on building, then be careful to implement in accordance with the consented drawings, otherwise the Council could argue that you have implemented a materially different scheme!!

        And yes, you could be hit with a 106 payment on a new scheme so it would be good to receive solid advice on the matter....

        Peter

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