Part of work completed before Planning approval

ispookie666

My original plan was to install 3x air conditioning units (air to air heat pump) after nearly running out of oil at the peak of winter with the added benefit of cooling. I had already run this past my neighbours and these outdoor units are not going to be visible from their property, and our house is pretty much next to a road and is noisy.

Closer to the time of install I realised the need for Planning permission as these would not be considered as permitted development! Interestingly, the few cooling contractors who provided the quote had no idea about this.

I duly completed the form, added the required documents and had marked the section "has work already started as -NO"

As I heard nothing for 3 weeks, I jumped the gun and asked the contractor to go ahead with the install.

I installed 2 of these units - smaller ones (each is 2.5KW) as per the drawings submitted. I have held off the bigger 7.1KW unit (will be installed by a different contractor).

Now two weeks later, the councils planning have finally validated my application (after submission of elevation) and have said, they would need to do a site visit.

I have no idea what to do, should I contact them and say - I have done the partial install or just wait for them to do the site visit?

I have posted this same on another forum, I hope there is more traffic here - thanks in advance

Newuser1987

Technically you have submitted the wrong type of application. So they will ask you to withdraw and resubmit unfortunately.
It doesnt mean the council with take issue with what you have done but it is a procedural thing where they can not approve something that has already been implemented. Ticking 'yes' to that question completely changes the type of application that gets submitted.

You could try your luck and say that you are shielding or something but can provide photos. Then send some old ones. Most of the local councils near me are still not visiting and relying on photos.

DevilDamo

Ignore @Newuser1987 as it’s nothing to do with the ‘type’ of application.

What you @ispookie666 have done is correct because at the time the application was submitted, works had not commenced. When Planning come to carry out their visit, they will obviously see works have started. They may choose to re-word the description of the proposal to include the term ‘part retrospective’ or they’ll just include a note when they come to write up their report/assessment.

Don’t go to the hassle of getting in contact with prior to the visit. If you happen to see them at the time of the visit, mention it then. If your LPA is like the ones around here, they are still wanting to carry out visits unaccompanied.

Cash-Cows

To avoid delay with planners needing to reconsult I would inform them that the application is now part retrospective. Have you carried our noise reports or were you told you don't need these?

missile

Did they say site visit BEFORE commencement? Perhaps they want to visit post installation. 

TELLIT01

I'm not familiar with planning terminology, what does 'validated my application' mean?  That they acknowledge receipt? or something more than that.

The fact that the neighbours haven't raised any objection doesn't automatically mean the council will approve.

Doozergirl

To validate it means that they have checked all paperwork that was needed has been submitted correctly and they've entered it into the system, starting the clock ticking on the expected decision date. 

TELLIT01

Thanks Doozergirl.

Newuser1987

DevilDamo said:

Ignore @Newuser1987 as it’s nothing to do with the ‘type’ of application.

What you @ispookie666 have done is correct because at the time the application was submitted, works had not commenced. When Planning come to carry out their visit, they will obviously see works have started. They may choose to re-word the description of the proposal to include the term ‘part retrospective’ or they’ll just include a note when they come to write up their report/assessment.

Don’t go to the hassle of getting in contact with prior to the visit. If you happen to see them at the time of the visit, mention it then. If your LPA is like the ones around here, they are still wanting to carry out visits unaccompanied.

I really disagree with @DevilDamo. At the point of determination is when the assessment is made. I have had cases of a similar nature unvalidated and not determined for this exact reason. They cant even refuse because the application is not valid (even if previously validated). There is even recent case law where it has been decided that incorrect information used when determining an application completely invalidates the local authorities decision if approved.
There are 'types' of applications. Refer to the Town and Country Planning Act 1990. A Section 73A application needs to be submitted for restrospective applications. 

I think generally you are unlikely to have an issue but I believe from my experience and planning law the case officer may not determine the application if they spot works have started/completed. Anyone could apply and tick 'no' works hadnt started and then claim it was done since the application was made. How would a case officer ever know otherwise.

ispookie666

"As part of the assessment stage I will need to visit the site. You do not need to be present during
this visit however I may contact you if the site is inaccessible or access is restricted."   These are the exact wordings.  
I presume the date of application and then the date of starting the work would help in showing that at the time of application, work had not started.  According to their website, it seems to be 4 days for validation from the submission date, as I had not heard anything for nearly 3 weeks - I decided to go ahead.  
I think i'll wait.  

DevilDamo

Newuser1987 said:

DevilDamo said:

Ignore @Newuser1987 as it’s nothing to do with the ‘type’ of application.

What you @ispookie666 have done is correct because at the time the application was submitted, works had not commenced. When Planning come to carry out their visit, they will obviously see works have started. They may choose to re-word the description of the proposal to include the term ‘part retrospective’ or they’ll just include a note when they come to write up their report/assessment.

Don’t go to the hassle of getting in contact with prior to the visit. If you happen to see them at the time of the visit, mention it then. If your LPA is like the ones around here, they are still wanting to carry out visits unaccompanied.

I really disagree with @DevilDamo. At the point of determination is when the assessment is made. I have had cases of a similar nature unvalidated and not determined for this exact reason. They cant even refuse because the application is not valid (even if previously validated). There is even recent case law where it has been decided that incorrect information used when determining an application completely invalidates the local authorities decision if approved.
There are 'types' of applications. Refer to the Town and Country Planning Act 1990. A Section 73A application needs to be submitted for restrospective applications. 

I think generally you are unlikely to have an issue but I believe from my experience and planning law the case officer may not determine the application if they spot works have started/completed. Anyone could apply and tick 'no' works hadnt started and then claim it was done since the application was made. How would a case officer ever know otherwise.

S73A applications refer to works carried out before the date of the application. It does not mention anything about the assessment/target date. The OP in this case had submitted an application prior to works starting and three weeks later decided to start. The information provided on the application form is correct and if/when the Planning Officer carries out a site visit, they will note part of the works have commenced. If the PO then chooses to re-word the description as ‘part retrospective’ is up to them. However, this would only apply if the works have since been completed prior to the formal determination of the application. Or they’ll just cover the commencement within their report.