Query about possible expiry of Planning Permission

[daisychain01]

I'd appreciate any advice or experiences.

Our NDNs are currently developing an extension. Their property had changed hands twice, once in 2009 to "interim owners" and then in 2016 when they took ownership.

The planning permission was granted in 2006 with a 3 year deadline to commence work. At some point, we don't know when, a foundation and 2 courses of breeze blocks were laid, then nothing done until our NDN started their building work in winter 2017.

Clearly the foundations and blocks were started to ensure compliance to 3 year deadline was achieved, but we wonder if that work was started after the expiration (maybe by the "interim owners" after 2009), could this invalidate the permission? If so, could we take issue with the Planning office (eg if no Buildings Control inspection report submitted after the foundations laid proving the work started in due time?)

In a nutshell, are planning permission 3 year deadlines indicative only or a showstopper?

Oh and actually the Planning office wouldn't make any moral judgements about your attempts to find problems with your neighbors planning permission, they will simply follow the planning laws.

Your neighbors however will probably have a different view.

Hi OP we bought a house recently with 10 year old planning permission. We checked it was active - I.e work had been deemed to have commenced. We have done one small element of the planned work as it made sense while we had builders in. We are hoping to do the rest next year.

I agree with PPs that although you can certainly check with planning whether your NDN is in a similar situation - my experience would be that if planning was granted originally it probably would be again and there isn't a huge amount of resource to pursue this type of possible transgression.

I don't mean to sound negative but we commented on a neighbours application and our concerns seemed to have no sway at all because ultimately planning law and conservation (understandably!) take priority .

See there you go again OnGoldenPond with your fixed view that I must have some evil plan to derail someone else's building project! Not so, but if I need to give chapter and verse on all the details it would break confidentiality both of our NDN and us.

If you prefer to think the worst then go right ahead. I'm honestly not going to die in a ditch about this whole situation, it was genuinely just asking a question to get insights. We are realistic in knowing the project will continue and even if a resubmission of the Planning request were to be made now, it would pass, but we would have the chance to give our input. I am staying vague, sorry. This is just repeating what I said upthread, but you chose to overlook it.

Thanks for your recommendation thedayismine your insights are very helpful. We just aren't experienced in this, so thanks for sharing.

wowfudge your posts were definitely not the ones full of accusations, I value your advice, and your point about why the property was purchased by our NDN was very much the same convo DH and I had yesterday, so again, I appreciate your validation about points we had considered. We aren't heading down a single track, we are viewing it from many perspectives (in our RW discussions!).

No fixed views, I asked several times what you hoped to gain but you won't share.

If you want to try to force your ndn to change their plans you must be aware this will incur possibly considerable cost for them as plans would have to be amended and possibly work already completed torn down. This on plans you already had full details of before you bought your property so you must have been happy enough with the plans at the time to proceed. Just seems mean minded to try to do this to your neighbors who have proceeded in good faith.

Anyway the point is probably moot as it is very probable the foundations were put in to specifically secure the planning permission as is standard practice. Was certainly what we did but there again our neighbors wouldn't try to pull a stunt like this.

I think any input you might have won’t make any difference to anything unless the planning laws and local policies have changed in the meantime and by a loophole this pp isn’t valid. By all accounts, it is.

Did the previous owners of your house submit objections? Or anyone else nearby? If not, one can assume they were happy with the plans. Was it contentions (agreed at thd committee) or was it officer agreed? If officer agreed, it is a straightforward project. I think you live with what’s built. Your say isn’t worth saying I’m afraid.

OP I hope you can have a chat with your NDNs and discuss your concerns.