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Welcome to PLANNING AND PARTY WALL SPECIALISTS LIMITED

 

GET STARTED BEFORE YOUR PLANNING CONSENT EXPIRES

Before August 2005, when planning permission was granted, the consent was valid for 5 years.  The Government circular 08/05 issued in August 2005 reduced the period by which the development must commence to 3 years, beyond which the consent is no longer valid.  This however is the period during which the development must be commenced, not completed.  Many planning consents expire because the applicant has been unable to undertake the works for a number of reasons that could include, financial constraints.  In these circumstances, it can be worthwhile simply commencing the development so as to preserve the validity of the planning consent.  However, care needs to be applied as to what constitutes commencement of the development.  How much work is undertaken to commence the work is not of primary importance.  What is important is that the commencement work undertaken must be a material operation toward the development given consent.  Hence in the celebrated case of Thayer v Secretary of State for the Environment, the court found that the opening of a 12 foot gap in a hedge and some limited ground preparation did constituted specified operations in relation to a planning consent for the erection of a house and garage.  However caution is required as in contrast, in Staffordshire County Council v Riley, the court held that the removal of 12 inches of top soil did not constitute an ‘unequivocal act pursuant to the planning permission’ for mining operations.