Any Planning Officers or Planning “Experts” ??

Discussion in 'General Discussion' started by MERLINV12, Jun 10, 2021 at 9:57 AM.

  1. 10 Jun 2021 at 9:57 AM #1
    MERLINV12

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    I know there are a few builders, developers on here, looking for some advice.

    A friend has an adjoining property with planning permission which expires in less than 2 months, he has not been given notice of work starting (he believes he is entitled to 2 months notice by law).

    So does that mean the work cannot start, and they will have to apply for permission again ??

    He knows it would be best to call the planning dept, but they are already under a government investigation for dodgy practices, so would rather not tip them off, and maybe the developer.

    TIA.
     
  2. 10 Jun 2021 at 1:10 PM #2
    matt f

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    Tell your friend there are bigger problems in life than a neighbour not giving you notice.
    Is it going to hurt him that much?.
     
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  3. 10 Jun 2021 at 5:29 PM #3
    ADL

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    this
     
  4. 10 Jun 2021 at 5:31 PM #4
    ADL

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    I don’t think the neighbours have to give notice unless you are working on their land or boundary. Even then I think it’s 6 weeks and you can’t unreasonably withhold access.

    this is anecdotal and I am not a planning expert.

    best bet for a happy life is to get on with your neighbours and don’t get hung up on things you can’t change.
     
    Last edited: Jun 11, 2021 at 10:39 AM
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  5. 10 Jun 2021 at 5:58 PM #5
    stuartk

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    There probably are lots of planning "experts" on here none of which actually are "experts". :muttley:
     
  6. 10 Jun 2021 at 6:11 PM #6
    Lofty

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    The neigbour only has to give notice if the work requires a party wall agreement, that can include foundations on or near the boundary. If it does require a PWA then it should be served prior to work starting, your friend can instruct a party wall surveyor at the neigbours expence if he has any major concerns.
     
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  7. 10 Jun 2021 at 6:28 PM #7
    MERLINV12

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    Well let's put is this way when they are building a 2 storey veterinary surgery 0.7 metros from his boundary, and 1.3 metres from your bedroom windows, and you live in a bungalow which has a ground level 6ft lower than the ground level of the proposed building, you might well feel "overlooked" and "boxed-in", that's why he is being pedantic, and using anything in his favour.

    A 100% residential area and all 78 neighbours objected, but it still got permission, money talks :rolleyes:
     
  8. 10 Jun 2021 at 6:52 PM #8
    Lofty

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    If its that close I’m pretty sure it needs a party wall agreement, it depends on the depth of the foundations. It has to be served 30 days before work starts. You don’t have to give builders access to your land to build, only to maintain.

    https://www.gov.uk/topic/housing/party-walls
     
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  9. 10 Jun 2021 at 7:05 PM #9
    Joe M

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    Go onto the pistonheads forum and put the question in the homes, garden and DIY section. Some proper experts in there and questions like this asked all the time.
     
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  10. 10 Jun 2021 at 8:32 PM #10
    M2CBen

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    There is no planning nor legal requirement to notify neighbours of implementing a planning permission assuming there is no party wall.
     
  11. 10 Jun 2021 at 8:35 PM #11
    Henry 145

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    Get it implemented and then resolve with benefit of permission locked in
     
  12. 11 Jun 2021 at 6:13 AM #12
    MERLINV12

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    Thanks, confirms he should have been given at least 2 months notice. so if they were to serve notice today, they could not start work until after the PP has expired :D
     
  13. 11 Jun 2021 at 8:01 AM #13
    Munzy

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    Even if this is right I’m not sure what the long term aim is.

    If the permission lapses won’t they just reapply and if they were successful first time around amidst strong local opposition why wouldn’t they be again?
     
  14. 11 Jun 2021 at 8:01 AM #14
    M2CBen

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    Hi, sorry to be the bearer of bad news, but it doesn't mean that at all.

    PWA and PP are two entirely separate things. All the developer needs to do is to implement his planning permission within the agreed timescale. He need not go anywhere near the next door property (without knowing the site) in order to do that.

    He could for example simply peg out the new entrance, or carpark or building or strip the top soil from the site. None of which trigger the PWA.
     
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  15. 11 Jun 2021 at 8:47 AM #15
    MERLINV12

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    The PP approval has 14 conditions, one of which states, "MUST give adjoining owners at least 2 months notice in writing before commencement of work".
     
  16. 11 Jun 2021 at 8:53 AM #16
    MERLINV12

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    It appears that a lot more people will object if they re-apply, so any delay which forces any possible start date beyond the PP expiry date, so they have tp apply again, it may be refused, especially if the gov enquiry into the Planning Dept, finds the alleged, "Gross misconduct in a public office". (Bribery).
     
  17. 11 Jun 2021 at 9:39 AM #17
    M2CBen

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    That's a fairly key piece of information you left out of your OP :muttley:
     
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  18. 11 Jun 2021 at 10:01 AM #18
    Lofty

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    Yes the PWA has nothing to do with planning, building control don’t talk to the planners and vice versa, its all a bit disjointed to be honest. Planning is far from straightforward, lots of rules and policies that the many sitting on the planning committee don’t even understand.
     
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  19. 11 Jun 2021 at 10:42 AM #19
    ADL

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    If that’s a pre commencement condition (which it sounds like it is) and there’s less time left on the app then the condition requires I suspect that app is going to lapse.
     
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  20. 11 Jun 2021 at 1:45 PM #20
    MERLINV12

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    Just heard from the Planning Officer, he has told the developer that they have not "discharged the conditions" so they cannot start.
     

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