local council approval off plans - I am confused!!

butmummac

We had plans approved in 2003 for a side ext, rear ext and porche. We have completed 2 out of 3 of the builds but are still saving for the side ext funds. Our understanding at the time was that the build for the plans had to start within 5 years of the approval date. We are now being pressurised into starting the side ext before the 5year deadline although we thought that, because all of the requests were put in together on the same set of docs that the build was regarded as started and that we could start our side ext whenever we wanted. Can anyone clarify this?

molerat

My understanding is that the work had to be completed within 5 years of the approval. (Scotland)

MsAnderson

http://www.opsi.gov.uk/acts/acts1990/ukpga_19900008_en_7

You must start the work within 5 years of the approval, there is no limit as to when it must be complete.

Check out the approval, there may be conditions attached, but unlikely that it will be time bound.

That's the planning side - there will also be building regulations to comply with too, but none of these are time bound, only health and safety.

A quick call to your planning office will sort it out. Don't be told you have to complete within a time frame - this is not correct.

PS This is for England - if you are elsewhere navigate to the correct legislation.

butmummac

I am in England, should have mentioned that in first post. Does the work that we have done from the plans mean that have already started or do I have to start the side ext aswell before the 5 years are up?

MsAnderson

If all 3 phases of work were passed at the same time, ie on the same application then you have started and you can take as long as you need to!

The type of work you are doing looks like you would have required a Building Warrant as well, and in Scotland you must notify the Council that you are starting work so that they can do their milestone inspections (drains, etc), I would assume there is something similar in England. If you have lodged the Notice of Intention to Start Works (or an equally nice titled paper) then the Council should now you have started the work.

Having said all that, the Planning Officers and the Building Control Surveyors don't actually do the same things, so one may not have notified the other....

I hope I haven't confused you! The fact remains that you have started the work within the 5 year period, so you are fine and dandy.

Good luck with the build.

planning_officer

Agree with the above - you've started the development therefore the remainder (i.e. the side extension) remains extant in perpertuity - you can do it now or in 20 years time (for example!) - the 5 yr time limit only refers to starting the development as a whole.

butmummac

thanks everyone for your help. It was actually the planning officer who was trying to put pressure on us because we had put in amended plans for 2 storey ext and neighbours daughter objected!!! She doesn't even live there!!!
The officer seems to have been put under pressure by daughter and is clutching at straws!!
Thanks again.