Anyone know much about planning permission?

GDB2222

The owners of the house next door received permission to demolish and rebuild it in January 2010. Since then, they have done nothing at all about it, AFAICS. I assume that the permission lapses in January 2013. What would they need to do in order to extend that period?

We're obviously not looking forward to all the noise and dust, so having this hanging over us has been slightly disturbing. Any advice, guys?

googler

They'd need to apply to renew the same application. Not sure if that would require neighbour notification, same as the original app, but you'd see it on the council website when it came up....

societys_child

AFAIK they only have to start the work before the expiry date.

Fuzzyness

societys_child wrote: »

AFAIK they only have to start the work before the expiry date.

they coudl make a material start on site and implement their permission. if they did this they wouldnt need to reapply but would require that any precommencement conditions on the original planning permission were discharged before they started. have you seen the original permission by any chance?

if they dont make a start before January they would have to reapply as the permission was granted after October 2009. provisions exist to extend the time limits to implement permissiions if they were granted before October 2009 so at present this permission would not count and a new application woudl be necessary.

SleeplessinScandinavia

Perhaps they are just no longer interested in having the work done...?

They could indeed apply again after the 'planning consent' has expired - but the council may well have changed its policy on the issues and turn it down

GDB2222

Fuzzyness wrote: »

they coudl make a material start on site and implement their permission. if they did this they wouldnt need to reapply but would require that any precommencement conditions on the original planning permission were discharged before they started. have you seen the original permission by any chance?

if they dont make a start before January they would have to reapply as the permission was granted after October 2009. provisions exist to extend the time limits to implement permissiions if they were granted before October 2009 so at present this permission would not count and a new application woudl be necessary.

Their application was September 2009, but granted in Jan 2010. Does that change your advice at all?

The first stage is demolition. How do they make a material start on that without removing a large chunk of house?

Fuzzyness

its the date that it was approved that is key. as its after october 09 the provisions would not apply to this permission.

subject to discharging any conditions, they wouldnt be able to start without demolishing the existing house in my view. even then, they would still need to make a start on the foundations for example as well.

planning_officer

Fuzzyness wrote: »

if they dont make a start before January they would have to reapply as the permission was granted after October 2009. provisions exist to extend the time limits to implement permissiions if they were granted before October 2009 so at present this permission would not count and a new application woudl be necessary.

Just to update this thread, Government has now changed this, to allow an extra year, so you can now extend the time limit for a planning permission that was originally granted before October 2010.

GDB2222

planning_officer wrote: »

Just to update this thread, Government has now changed this, to allow an extra year, so you can now extend the time limit for a planning permission that was originally granted before October 2010.

Thanks for bearing this thread in mind. So, to clarify, the planning permission granted in Jan-10 can be extended. I found this reference http://www.communities.gov.uk/documents/planningandbuilding/pdf/1388639.pdf

I notice that the application for extension needs to be made within the 3 years lifetime of the existing permission. My impression is that the extension would be pretty much automatically granted and would last 3 years. Is that right? What happens if the local authority has changed its planning criteria since the original application was granted?

Richard_Webster

This is all a bit academic, because unless there is a radical change in policy/circumstances it will be difficult for the Council to refuse if they reapply.

Fuzzyness

planning_officer wrote: »

Just to update this thread, Government has now changed this, to allow an extra year, so you can now extend the time limit for a planning permission that was originally granted before October 2010.

sods law that they decided to change it about a week after posting that. but yes now able to extend the timelimits within which to implement the original permission.