planning permission and phased extension

Debt_Free_Chick

seven-day-weekend wrote:

I used to work in Town Planning in a previous life.

You have five years to BEGIN the extension, after which your permission lapses.

Under s51 of the Planning & Compulsory Act 2004, it's now only three years.

seven-day-weekend

Debt_Free_Chick wrote:

Under s51 of the Planning & Compulsory Act 2004, it's now only three years.

When did that happen??!! I've been retired since 2004!

bobalicious

silvercar wrote:

The original plans had no mention of phases.

Then the owner wrote to the planning officer asking for permission to do the extension in phases and said that the family room and part of the master bedroom above would be built at a later date.

To which the planning officer replied..."write to confirm that there is no objection to your building the extension in phases as set out in your letter as long as it is built in accordance with approved plans and conditions."

There is an -enormous difference- between a formal planning decision and something sent out by a planning officer. The latter -does not- prejudice the Local Planning Authority's right to take action at some point inf the future (if it is expedient to do so).

silvercar wrote:

The point we wanted clear was whether we could be forced to do the extension. His answer was no as he has given permission for it to be phased with no requirement on a completion date.

In any case, if we were forced to, could we put in a planning application not to build an extension. As the bit not done is a protusion at the back of the house I can't see what reason anyone would have for insisting it be complete.

Sorry, but unless there was a formal application, there is no formal mechanism to introduce a phasing programme on a planning permission. It simply doesn't work like that.

On the latter point, you can't put an application not to build something. The mechanics of it, in reality, are that you put in a [retrospective] planning application for the work completed and no more.

This is not a simple matter! And a completion notice always remains a background possibility. It will remain so unless you receive a decision notice setting something different out, but I'm 99% certain you never will.

bobalicious

silvercar wrote:

So if you have written permission to do it in phases, can you choose not to do the second phase? The planning officer said yes, as he has given written permission for it to be done in parts without giving a time limit on those parts.

There is a significant difference between receiving a letter stating an officer is happy for you to undertake in phases, and a letter stating they are happy for you to only partially implement the PP.

bobalicious

seven-day-weekend wrote:

When did that happen??!! I've been retired since 2004!

August 2004!

BUT - of course it does -NOT- apply retrospectively. So, if one has a PP with a time-limiting condition of five years, or seven years, then that is NOT over-ruled by the Statutory Instrument and 2004 Act.

Side point: the ability to vary (extend) the life of a planning permission/listed building consent falls away on 23rd August this year, so get those applications in.

seven-day-weekend

bobalicious wrote:

August 2004!
.

Guess when I retired?

And I was off sick for six months before that.!

silvercar

Lets look at this a different way. Wind forward four years (after which time I understand you cannot be forced to remove an extension that didn't have PP). I have proof that the work is then 4 years old from the building regs final sign off and my surveyors report and photographic evidence. Am I then safe from being required to build into my back garden?

One more question, would it put anyone off buying the house?

seven-day-weekend

Are you safe....yes.
There has never been legislation REQUIRING you to build.

Would it put people off?...Depends who they are!
You could always knock the whole thing down if you think the unfinished extension may put people off.

silvercar

You could always knock the whole thing down if you think the unfinished extension may put people off.

Not really an option as (a) I want a big house (b) it would cost too much to undo and (c) it would knock 25% off the value.

johnbrooks

The last time I looked the only sanction imposed by a Completion Notice was to remove permission for the uncompleted part, leaving the permission applying only to that which had been done. Has this changed?