Will Our Planning Permission Lapse?
Q
includes building We Building a which building barn. have includes Part planning Regs’ a of approval separate garaging, the permission application to ‘storage’ convert a utility and and have cloakroom. the funds available Unfortunately at the moment we do not to convert the barn, but we need to make a material start to avoid the planning permission lapsing. Our plan is to build the storage building first. Will building this mean that planning on the barn itself will not lapse, or do we have to make a start on both builds at the same time? Beth Holland, Yorkshire
A
planning approval of extant planning to the complete, consents in Providing buildings michael perpetuity. then authority permission although commencement will are (LPA) the It’s mean holmes covered unlikely and proposals they will they Building issue do by that says: will of have the any the a to remain notice same Regs’ both local part this power development In order should they it to is necessary lawfully choose to use to commence satisfy it. the legal Town requirements and Country Planning in Section Act 56(4) 1990. of This the says that: ‘development is taken to be begun on the earliest date on which a material operation is carried out’. A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land. In practice, very minor works are sufficient to commence a planning permission. However, care must be taken to ensure that the works reflect what has actually been approved. It is also essential that the works are commenced lawfully following discharge of any planning conditions, Section 106 Agreements or payments of Community Infrastructure Levy (CIL). In the event that proof is required that work was commenced prior to the date that the consent lapses you should take timed photographs of the work and keep copies of correspondence, invoices and payments for the work. You could approach the LPA for a letter confirming commencement of works or apply (and pay) for a certificate of lawfulness. This will avoid any dispute in the future and give comfort to a future owner that permission is extant should you choose to sell.