Planning permission status

[thr32]

Afternoon all,

In 2017 I was granted the following planning permission:

Erection of one single-storey house; demolition of outbuildings and removal of storage containers; erection of one cartlodge, change of use of one existing cottage into two holiday lets, erection of porch and rear extension to cottage (following demolition of front and rear existing extensions), replacement of windows and renovation works.

Essentially the purpose of the application was to replace the existing cottage with the new single-storey house, and the permission was granted subject to the holiday let not being used as a person’s sole or main residence.

Up to now, everything before the change of use of the cottage has been completed, and I’m currently saving for the cottage renovations.

The question is the current status of the cottage: the change of use contingent on its renovation works has not yet happened (and my understanding is that planning _permission_ does not force you to develop). What habitation permission applies to the cottage as it stands today (and by implication, what will it be in ten years if no action is taken)?

Thanks all

TH

[the griffin]

You need to read your planning conditions. You have activated the planning permission therefore the change of use may have been implemented.

[thr32]

The decision notice states that the permission is subject to the conditions (of course), so is the law clear that by undertaking any of the work in the planning permission, that all the conditions are binding? There isn’t an _obligation_ to complete all the work within a timeframe, is there?

Thanks all

TH

[T5Pilot]

thr32 said:

The decision notice states that the permission is subject to the conditions (of course), so is the law clear that by undertaking any of the work in the planning permission, that all the conditions are binding? There isn’t an _obligation_ to complete all the work within a timeframe, is there?

Thanks all

TH

Yes, the conditions are binding. But, no, there is no time limit, once work has started. If the change of use hasn't been implemented yet, it will just mean you can't have the whole 'job' signed off as completed.

[quinny100]

thr32 said:

There isn’t an _obligation_ to complete all the work within a timeframe, is there?

Not usually, no.

Implementing the new dwelling element of the permission does not of itself action the change of use. This will hang on the exact wording of the decision notice - I suspect the officer never intended to grant permission for a new dwelling and allow residential occupation of the existing dwelling, but it would require very careful drafting of the decision notice to legally protect against such an occurrence. If they really wanted to protect against this, they should have had you make a Section 106 Unilateral Undertaking - and I'm guessing they didn't.

If there is money riding on this, get some advice from a decent specialist planning solicitor or better still, a barrister.

[thr32]

quinny100 said:

If they really wanted to protect against this, they should have had you make a Section 106 Unilateral Undertaking - and I'm guessing they didn't.

If there is money riding on this, get some advice from a decent specialist planning solicitor or better still, a barrister.

Yes indeed, no s106, so I think the whole thing is pretty sketchy. Sound advice, thank you.

TH

[Biker 1]

T5Pilot said:

Yes, the conditions are binding. But, no, there is no time limit, once work has started. If the change of use hasn't been implemented yet, it will just mean you can't have the whole 'job' signed off as completed.

This.
You generally have 3 years from granting of planning permission to commencement of works, or the permission is withdrawn. However, there is no deadline on when the works must finish.
It is always a bit sketchy on what constitutes a meaningful start: is it a soil test hole that counts? Or should one at least have dug some of the foundations.....

[MrC986]

Developers/land owners with shortly to be “lapsed” planning permissions often lay a piece of road (in the correct place) I understand before the expiry to show they have started the development - I’m not a planning expert by any means but there are different ways of doing things & as others have said the important thing is to check the conditions attached to the approval. It is not a given that if the planning permission lapsed that you would get it approved again as officers change & planning committee members plus changes to planning legislation etc.