How can I make my planning consent live?

htrj

Recently I acquired planning permission for a bell mouth vehicular access onto an "A" road.

I won't go into detail but for various reasons I do not want to start using this new access now but neither do I want to go through the process of reapplying for it later. I have spoken to the council about making the consent live and their response was that I should just begin to build it but no need to finish it. I also spoke to a well respected local chartered surveyor who said that I should simply "dig a hole". I also spoke to the former head on my district council planning department who said that I should build the access entirely and then bury it again.

Clearly there is a difference of opinion here and maybe the old planning boss is just saying that to remove any ambiguity as to whether the consent is live or not. My problem is that doing it his way will cost me a 5 figure sum to construct and Highways want nearly £2000 just for the engineers detail.

As I have no experience of these matters I would like to know what you more experienced would do in my situation.

Hoploz

Planning permission normally lasts either three or five years before expiring so if it's started within the time stated on your permission conditions it'll be ok.

htrj

Thanks for the response.

The consent expires early next year and again, without wishing to go into detail I do not actually want this access at all. The truth is that I may have to start using it at some point in the future but I hope and pray that that day will never come.

daveyjp

There is the ability to apply for an extension of a previous consent.

chrisw

You need to be able to demonstrate that work has begun. In theory digging a hole is enough, but if it gets overgrown or filled in with rubble over the years, you might struggle with evidence you started work. I guess you could take a picture of it. However, whilst it doesn't need to be completed (and buried), it might be better to at least lay a couple of kerb stones or whatever to remove ambiguity if ever challenged in the future.

htrj

daveyjp "There is the ability to apply for an extension of a previous consent."

Correct me if I am wrong but I was under the impression that the ability to apply for an extension to the time allowed to begin works came to an end in 2009. Again, I am not experienced enough to quote chapter and verse and you may know something I don't but from what I have read I believe I am right.

Reading my consent through again, the way the consent is worded would mean that work cannot begin unless I enter into an agreement with Highways and I also ensure that I have adequate visibility splays. These will be the two most expensive parts of the project so I might as well arrange to drop a blob of tarmac on the ground afterwards and just finish the thing. I'll have to just consider it to be an insurance policy for the day that what might happen, happens.

Let the wallet emptying commence!

incka

Check what constitues a start in your S106/S278 agreements. If this doesn't allow you to technically implement the consent for a small sum, then apply for a deed of variation to the agreements in order to change them so they implementation clause that requires conditions to be met is only when real construction starts, not the technical start construction.

Kiran

You require a "meaningful start". I once put in 2 piles nowhere near the building we were constructing but within the site boundaries for a client who was late going to site and would have had to comply with updated, and more costly, building regulations if they had started when they were ready. Could you excavate to formation and stone up? That should be a reasonably cost effective way of showing a meaningful start and one which will last without huge amounts of maintenance should you either need to complete it or not.

System

Phone your local authority, and ask what they would deem a "meaningful start" - they will be the judge at the end of the day so if you take their advice you can't go wrong.
You need to make sure you have addressed any pre-start conditions on the planning application too...
Why do you have planning permission for something that you don't ever want to use?

tonyh66

the_r_sole wrote: »

Phone your local authority, and ask what they would deem a "meaningful start" - they will be the judge at the end of the day so if you take their advice you can't go wrong.
You need to make sure you have addressed any pre-start conditions on the planning application too...
Why do you have planning permission for something that you don't ever want to use?

Its probably some sort of access dispute with neighbours or council, and they are probably using an unauthorised access at the minute but want to keep it quiet to save forking out for this new access.

htrj

Tony was nearly right but not quite.

I already have a legal right of way across some land but there are some neighbours in a nearby field who, without putting too fine a point on it, own a company called something along the lines of "Smiths Tarmac and Driveways" who may find themselves occupying the land I have the ROW over. Whilst I believe everyone should have a right to live how they wish providing they remain respectful to each other I would prefer not to have to approach my home via a,,,, ermm,,, how can I phrase this,,, Tarmac and Driveway specialists yard. The current ROW is by far preferable to the proposed but reapplying for its planning consent later could be risky and would certainly add to the overall expense. As I say above I really don't want to go into too much detail in such a public forum.

I have a meeting with Highways tomorrow to help fill out the s278 then I should be able to make a plan to at least begin work. As mentioned above I still suspect the physical construction of this driveway will be the cheapest part of the project and will at least give me the peace of mind that I can use it when and if I wish.