Planning permission granted - expiring next year

taxmatters

Hello,
I live in Bexley council and have a planning permission for rear single story extension approved in August 2021. This was with the condition that the work got to be started within 3 years from approval, which is expiring in Aug 2024.

I do not want to start the full extension work started (as I cannt finance the whole extension) in year 2024, but I want to avoid lapsing the approved planning permission. I have heard that I can possibly just do the foundation work, so that it'll mark the work started and leave it for couple of years until I am in a potion to fully execute the extension work.

My questions are

• What are my options to keep my planning application from expiring?
• If I just do foundation work, what process do I need to follow? Do I need to apply for building control, and get foundation stage approved? and then what?
• If I wish to sell the property say 2-3 years down the line with just foundation done but obviously wont have completion certificate, would that have any bad impact on property selling or it doesnt matter?

Thanks in advance.

user1977

Was it particularly difficult to get consent in the first place? It's generally just a formality to get permission renewed, unless policies have changed in the meantime, so you might be overthinking this. Buyers might prefer to do the whole job themselves rather than rely on your half-built foundations.

taxmatters

Thanks for the prompt reply. My extension approval was approved with a bit of hiccups so I would like to avoid re-renewal, just to avoid the risk of application being rejected. Hence looking to see if somehow I can do the minimal work to show the work is started but complete when I can.

FreeBear

If you want to prevent the planning permission from expiring, then you need to start work. Just the foundations will be enough, but I'd suggest building the walls up to just above ground level before stopping. Yes, you will need Building Control involvement as soon as you break ground. They may want to inspect the trench before any concrete is poured, or they may be hapy with just some photos. Contact them, and they'll tell you what is required.

Section62

taxmatters said:

Thanks for the prompt reply. My extension approval was approved with a bit of hiccups so I would like to avoid re-renewal, just to avoid the risk of application being rejected. Hence looking to see if somehow I can do the minimal work to show the work is started but complete when I can.

If the time limit has been imposed as a planning condition (the usual method) then the application you'd make would be for a variation of that condition.  If that application is refused then it shouldn't negate the original planning consent (assuming you make the variation application well before the 3 years expires), it just means you don't have an extension of time.

In other words, you apply for the time extension, and if refused then you consider whether to make a start on the project before the 3 years is up.

Personally I'd only do a holding start on a building project if I knew I was going to continue the build within the next 12 months or so.  Stuff can happen which renders the started work wasted at best, or at worst a liability.

Given you don't know whether you will do the building work before you sell the property then it doesn't really make much sense to invest a fair bit of money in groundworks that may have no value to your potential buyer.  Worse, you may in effect be locking them in to building the extension you've planned (or nothing) because the foundations you've constructed may not be suitable for the project they eventually want to build and they will incur additional costs working around (possibly even removing) your foundations.

I can't think of a scenario where I'd spend money on building foundations in preference to asking the council for a planning extension, other than if the expiry date was imminent and I was absolutely sure to be continuing the build soon after.

taxmatters

Thanks all.
Yeah I think I agree with most that I should only do start the work if I plan to finish it. Also shall probably only start it when I go ahead with full pace.

I'll speak to an architect to see if he can help me put an application to extend the approved planning date.. Many thanks again

Section62

taxmatters said:

Thanks all.
Yeah I think I agree with most that I should only do start the work if I plan to finish it. Also shall probably only start it when I go ahead with full pace.

I'll speak to an architect to see if he can help me put an application to extend the approved planning date.. Many thanks again

Try to use a local architect who knows the local planning authority.  I've double-checked with a former colleague and there is some confusion and variations in what LPA's will and won't allow.  During the Covid pandemic there were temporary blanket extensions to time limits which no longer apply, and separately rules were also put in place to stop developers landbanking by getting consent for a development and then delaying implementing it.

Unfortunately you'll need to check to make sure your planning authority is one which will allow time limit extensions for small householder applications, as it seems the situation can be more variable than I had thought (based on local experience).

jrawle

You say that there were a number of hiccups in the process. Was there any question that the original application might not be approved? Usually, planning permission is a formality. If you are not listed or in a conservation area, there is no reason for them to reject a small householder application. What I am saying is that as you have had it approved once, there is no reason it would be rejected a second time around. You could therefore just go ahead with the plans after it has expired, then if anyone questions it, you would just have to put in a retrospective application. They can't treat the application more or less favourably because it's retrospective, so there's no chance it would be rejected if it was approved the first time, barring a change in the rules (and if anything the rules are becoming more permissive). It's unlikely to be necessary unless one of the neighbours reports you. It's not even likely to be picked up when you sell as the database will show planning consent was approved. It would take someone extremely eagle eyed to spot that the building regs and planning permission dates don't line up. After the relevant time has passed, you could also apply for a certificate of lawful development.

This is not advice, just something to think about!