Next Doors Planning Permission

Naughty_Sausage

hi

we have a semi detached house. we are connected to one house 'properly' on one side and the house on the other side by a garage wall only.

the house to which we are attached by the garage only has had planning permission granted to extend over the garage. this was granted over 10 years ago. no proper work has ever been started but according to the neighbours they have had the footings put in under the existing garage so could extend at any time of they wanted to.

is this correct? could they just start building whenever they felt like it?

thanks

ciano125

If you get planning permission to build a house for example, and you "start the development", which could be by demolishing any existing building, or even digging trenches for the footings, then the development has begun and the planning permission does not run out. So yes, if they have got planning permission and then started the development, unless they get a notice from the Local Authority to finish the development, the planning permission does not expire.

Geenie

I thought there was a time limit on planning permission, and if it was granted more then 10 years ago I would think it has expired! The best thing would be to contact your local council and find out what the rules are for your area.

ciano125

If you dont start the development it runs out in three years. If you start it, it doesnt expire.

PasturesNew

It is because they have started, with the footings/foundation, that it doesn't run out. In years past I've seen where people have bought land, got the PP and put down just the foundations, got it signed off as "started" and then left it ... for years, waiting for when they had the money/desire to finish it.

It's a way of "locking in" your PP.

googler

..but surely if the sequence (as it seems to be here) is ;

Houses built.
Garage built with over-specified footings.
Planning application made.

Then there's only a vague argument to be made for the development 'starting' since there wasn't any application to be signed off when they built the garage? We need a timeline from the OP.

However, OP shoudl look up the council's website - they should have planning apps online, and within the planning app there should be a planning officers report where they grant the permission and specifiy any conditions - most of those I see in my area have a limit time of 5 years then are deemed to have lapsed. Check yours. If you can't find it on a website phone council planning dept and ask to speak to the duty planning officer with your queries.

Running_Horse

If permission was given before it is likely to be given again. Some councils have policies against building over garages to effectively turn a road of semis into one long terrace, but once precedents have been set elsewhere in the road it is harder to fight it.

poppysarah

10 year old foundations do not meet todays foundation regulations.

Give the local building control an email or call and ask them.

spuds_2

I know someone who did something similar. They couldn't afford a 2 storey extension, so got pp for a 2 storey side extension but just bult the garage. The foundations were bult to take the additional storey when money allowed. However, this was recently and the earlier poster may be correct that 10 year old footings may not meet today's building reg's.

RLH33

This is a very difficult one to judge, without the full facts, but I am pretty sure your neighbour is not correct in their assumption. If the planning permission granted was for an extension to be built over an existing garage then I don't think they can argue that they have 'started work'. You have to actually make a material start on the work to implement the permission i.e. build the first floor extension, not rely on foundations that were put in before planning permission was even granted. Unless of course the upgrading of the foundations were shown on the plans as necessary as part of the development.

Does the existing garage have a pitched roof? If so this will obviously have to be removed in order to build the extension and I would say, if it is a simple case of building an extra storey directly over the garage, then it could be argued that they would have to remove the roof before they could claim 'commencement of work'.

A permission granted 10 years ago would have had a 5 year time limit for work to start before it expired. Once work has 'materially commenced' then the permission does extend into perpetuity.

10 years is a long time in planning so the fact that they had permission for something does not necessarily mean they will get permission again. Only if it is still acceptable would permission be granted again, assuming their previous permission had, in fact, expired.

The only way you can get clarification of this is to ring your planning office and ask their advice and maybe go in to see the actual permission granted. Otherwise you may have to wait until work actually does start and write to the Enforcement Officer who will then look into it.

adr0ck

poppysarah wrote: »

10 year old foundations do not meet todays foundation regulations.

Give the local building control an email or call and ask them.

that really does depend on the spec of the foundations that were put in at the time

without knowing you cannot tell whether they would pass current building regs or not