Would this count as commencing work? Planning question.

[Othersideoftheagean]

Hello lovely mumsentters

I was hoping to get some insight into something that has been confusing me. I’ve tried to speak to my local planning department but haven’t got any answers as of yet (or even managed to speak to an actual human being). Will keep trying.

We have planning permission to extend our upstairs, currently two single bedrooms and a bathroom. We have permission to extend to two double bedrooms and a large house bathroom. Due to the cost of living and inflation etc. we’re wondering if now is the time financially to do this and we would ideally delay a couple of years. However planning timing is against us as the initial permission was granted in last quarter of 2020.

The approved plans include a large driveway (we currently have a small narrow driveway and a large patch of grass). The plans clearly detail extending the drive into the patch of grass. My question is if we do this driveway work is that classed as ‘breaking ground’ on the works? I.e would doing the driveway give us more time to complete the upstairs extension works?

Thanks so much for taking the time to read this.

If it all comes under the same planning application then I would say yes, But the council might not see it that way and might class starting as the first time the building inspector comes out ?

normally it’s 3 years to start,then as long as it takes to finish.

Hi there, I am a town planner. Commencement is taken to be a 'material operation' which can include any works of construction, demolition, digging foundations, laying out or constructing a road or material change of use of the land. I think if the wider driveway is in your approved plans, it could be considered commencement. It would be even more helpful if there is a reference to a wider driveway in the description of development on your decision notice.

You need to also check your decision notice to check whether there are any conditions on it which need to be approved prior to commencement of the works. Usually there aren't for householder applications but best to check.

I would recommend retaining photos/receipts as proof of start of the works, and also emailing your case officer with the photos and ideally asking them to confirm that they agree that works have lawfully commenced. Depending on the Council, they may agree to informally confirm this via an email, although some Councils do require you to submit an application for a lawful development certificate to confirm the works have lawfully commenced. That is a belts and braces approach and will mean you have complete confidence that your decision notice has been implemented and will no longer expire after 3 years.

Hope that makes sense!

Thanks so much for the replies. That’s really helpful at least I know a way forward now when I do manage to get into touch with somebody at the planning office!

The driveway is mentioned in the ‘officers report’ section of the planning approval. Specifically they state it’s a good thing for the area as it creates more off-road parking leaving the road clear.

Sorry to highjack the thread but I have a question for @Charlottemh.

I am planning a kitchen extension and have been advised by my architect that it doesn’t require planning permission.

he has submitted the plans however to get a certificate of lawfulness.

apparently this takes months and months. My builder is really to start next week. I assume I can go ahead and the certificate is just for my records?

Hey - certificates shouldn't really take more than 8 weeks although I know some Local Authorities are swamped at the moment.

If your architect is sure that the extension is permitted development, then a certificate isn't needed at all. Usually you would only apply for one if you are not sure whether it is permitted development. The other scenario would be if you were planning on selling on, in case an overly cautious conveyancing solicitor asks for one.

So if your architect is sure it is permitted development then yes, the certificate is just admin and works can start in the meantime.

shamefully hijacking too.
Charlotte, I need planning permission and building regs for my kitchen extension. I have the planning permission and in the midst of obtaining information from structural engineer to enable to apply for building regs. Can we start works like digging the footings etc before the building regs approval comes through?

Sorry - Building Regs isn't my area. I think your structural engineer should be able to advise though.

Ok thanks Charlotte

Thank you @Charlottemh!

he recommended it incase I want to sell! I just panicked when I realised I haven’t received it yet!