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Homeowner Forum / Construction / May 2006



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Start building before planning permission

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peternoon - 23 May 2006 10:41 GMT
What are the risks of starting to build before permission is granted
(in England)?
Background:
- Plot has OPP for single dwelling
- The current application is for approval of the reserved matters
- 2 Storey house in non-conservation area. No "Grand Design"
- There were no objections from the neighbours, parish council,
highways office or environmental office
- Planning officer is recommending that permission is granted
- The planning committte have to give their final decision
- I have checked, and there are no England World Cup games before the
decision date so there is no risk that one of the committee
will be in a filthy mood if England loses

The reason for wanting to start building is explained below, in the
second part of the message

Could I build to DPC level, or at least the foundations? (will the
building regulations people ask if planning has been granted?)

The Council is taking a lot more time than the 8 weeks allocated for
decisions. Does this 8 week period have any weight or is just to say
that it will be nice if they give the decision in this period of
time? In any event, what is the point of this week deadline?
CWatters - 23 May 2006 20:31 GMT
> What are the risks of starting to build before permission is granted
> (in England)?

I'm building in the UK and it took me 18 months to get PP (it also had OPP).
You would be very unwise to do anything more than clear/tidy the site and
arrange for things like a temporary water supply. All it takes is one
councillor to feel his decision is being taken for granted and they will
refuse the application. They can also recommend minor changes... What would
you do if they refused your application but told the planning officer he
could grant PP without further review if you moved it 1meter to the left?

The 8 week figure is a government target. When we submitted our application
they sent us a letter by return asking us to waive the 8 week rule... "or
else"... Ok they didn't actually say "or else" in the letter but it implied
that a rushed decision was more likely to result in a refusal... or
something like that. In the end they insisted on a minor change after 7
weeks and 6 days. We agreed it instantly and we got our approval exactly on
the 8 week mark.

Have you checked when the next planning committte meeting is? They are
usually every 4 weeks or so. Is your application on the agenda? Have you had
a friendly chat with the councilor who lives nearest to be sure he's happy
and will speak up for your application?

Once the meeting grants approval check for any conditions. I wasn't allowed
to start work on site until I had a landscaping plan agreed with the
landscape officer. He wanted me to plant a huge hedge close to the house.
Took another four weeks to negotiate that away. There were other conditions
on the approval as well - like fencing and tree protection measures.

Good luck.
peternoon - 24 May 2006 09:59 GMT
Hello,

Thanks for the feed-back. Just one thing is not clear to me: you say
first that it took you 18 months to get the planning permission but
then you say that it took only 8 weeks.

The next planning committee meeting is early in June and my application
is on the agenda. I just worry when I hear "committee" as in the old
joke about the camel designed by a committee. Some officer asked the
planning officer to put it to the committee instead of delegating it,
so I wonder if this is an omen.

Does it not look bad trying to influence the councillor in the
committee? I know that the planning officer is on our side anyway, but
that may not mean a lot to the committee.

They have not said they want to see materials samples, I guess that
will come with the decision.
CWatters - 24 May 2006 11:16 GMT
> Hello,
>
> Thanks for the feed-back. Just one thing is not clear to me: you say
> first that it took you 18 months to get the planning permission but
> then you say that it took only 8 weeks.

Sorry for the confusion... It took me 18 months of negotiating with the
planners to get them to the point where they said they would recommend
approval. Upto that point they were 100% against it and said they would
refuse any formal application we made. Then we discovered a letter they had
sent to a previous owner of the site. This contradicted what they had been
telling me for 18 months and was very embarassing for them. Suddenly they
changed their mind and said that if we submitted a formal application they
would recommend it. We submitted our application and they still took a
further 8 weeks to approve it - even though they approved it themselves
without referring it to a planning meeting.  Now the house is 75% built
everyone is telling us how nice it is and how well it suits the plot.

> The next planning committee meeting is early in June and my application
> is on the agenda. I just worry when I hear "committee" as in the old
[quoted text clipped - 3 lines]
>
> Does it not look bad trying to influence the councillor in the committee?

Ah well don't go bribing him. That's not what I mean but you can allways ask
him for his opinion on your application or advice on the approval process. I
work on the theory that it's harder to shot your best friend than a
stranger. My parish councillor lives about 10 houses down the road from our
plot. He's not on the planning committee but he would have been asked for
his opinion in writing. Before we submitted our application I gave him a
call and told him that I was hoping to build a house to live in and asked if
I could come and introduce myself. I went along to his house one evening and
took 3D cad images of what we wanted to build with me. Basicially we just
got to know each other. I wanted him to know I wasn't a builder after making
a fast buck - I wanted to live in the village. Basically he just wanted to
be sure we were building a nice house and asked we keep the neighbours
happy.

You say there were no objections from neighbours or the parish. It's worth
keeping an eye on the file and certainly worth checking it a week or so
before the planning meeting.. We wern't copied on all the letters that were
sent in. One of our future neighbours objected because they wanted the house
further back on the plot - no way were the planners going to allow that.

> I know that the planning officer is on our side anyway, but that may not
> mean a lot to the committee.

No they normally go along with the recomendations of the planning officer
unless someone takes a dislike to the proposal or someone goes to see them
and kicks up a fuss.

> They have not said they want to see materials samples, I guess that
> will come with the decision.

Probably. There were a bunch of standard conditions in our approval - about
13 in all. One of them was approval of the materials. That also took 8 to 10
weeks. They lost the first samples we sent in. Then the conservation officer
left her job and they had to recruit another, then the next lot of samples
sat in reception for a week because they were addressed to the old one. Then
they rejected them! We wanted to use hand made bricks and clay roof tiles -
they said they had "too much texture". We ended up using some nice machine
made bricks. One good thing is that the particular bricks we used don't
effervesce white salt.

Good luck

Colin
Matt Barrow - 24 May 2006 13:43 GMT
>> Thanks for the feed-back. Just one thing is not clear to me: you say
>> first that it took you 18 months to get the planning permission but
[quoted text clipped - 12 lines]
> without referring it to a planning meeting.  Now the house is 75% built
> everyone is telling us how nice it is and how well it suits the plot.

Sounds like these guys! http://capmag.com/article.asp?ID=4666
CWatters - 24 May 2006 20:15 GMT
> Sounds like these guys! http://capmag.com/article.asp?ID=4666

Yup thats them.

My planning officer once made a comment about my house needing to compliment
the church next door. Fair enough but at the time we were sitting in his
office high up in an ugly 1960s concrete tower block that totally dominated
and dwafed the historic church next door.

At one point they wanted us to use a mixture of two slightly different tiles
on the roof. Presumably they meant in a random pattern but since the PP
didn't actually say that.... my wife and I joked about laying them out in
stripes or so that they spelled out something rude about the planners.
peternoon - 25 May 2006 09:54 GMT
Here is the bit that adds insult to injury. Yesterday, at the end of
the 12th week since I put in my planning application, the planning
officer wrote "requesting" and extension of the 8 weeks to make a
decision. He did not send the request during the 7th or 8th week when
he must have known they were going to delay it. The planning meeting
for the decision is set for the first week in June.

If we object to the extension of time we will have to go to appeal and
the council will put the application on hold indefinetely and the
appeal will have to go to a tribunal: months of waiting. So he must
have had a good guess as to what we were going to say to his request.
CWatters - 25 May 2006 10:30 GMT
> Here is the bit that adds insult to injury. Yesterday, at the end of
> the 12th week since I put in my planning application, the planning
[quoted text clipped - 7 lines]
> appeal will have to go to a tribunal: months of waiting. So he must
> have had a good guess as to what we were going to say to his request.

The know they have us over a barrel. That's whats so sad about the way
public employess approach government targets. They don't just fiddle the
figures to show the targets being met they change their systems to make the
service even worse.  We're still being told we can't book doctors
appointments more than 48 hours ahead because the government target is for
everyone to be seen within 48 hours. It's not the target that's the problem
its the implementation.
Jay Stootzmann - 26 May 2006 02:50 GMT
I'm from Northern Missouri so please pardon my ignorance.  How do these
folks -- planning officer, etc. get their positions?  Aren't they elected by
the village? making them accountable to the voters?

>> Here is the bit that adds insult to injury. Yesterday, at the end of
>> the 12th week since I put in my planning application, the planning
[quoted text clipped - 17 lines]
> problem
> its the implementation.
peternoon - 26 May 2006 12:01 GMT
They are probably "elected" by their cronies from their local pub. They
are certainly not accountable to the people.

> I'm from Northern Missouri so please pardon my ignorance.  How do these
> folks -- planning officer, etc. get their positions?  Aren't they elected by
[quoted text clipped - 21 lines]
> > problem
> > its the implementation.
CWatters - 26 May 2006 18:09 GMT
> I'm from Northern Missouri so please pardon my ignorance.  How do these
> folks -- planning officer, etc. get their positions?  Aren't they elected by
> the village? making them accountable to the voters?

The planning officers are employees.

The council officers who serve on the planning committee are elected.
Jay Stootzmann - 27 May 2006 15:50 GMT
Thanks!

>> I'm from Northern Missouri so please pardon my ignorance.  How do these
>> folks -- planning officer, etc. get their positions?  Aren't they elected
[quoted text clipped - 4 lines]
>
> The council officers who serve on the planning committee are elected.
Matt Barrow - 27 May 2006 23:17 GMT
>> I'm from Northern Missouri so please pardon my ignorance.  How do these
>> folks -- planning officer, etc. get their positions?  Aren't they elected
[quoted text clipped - 4 lines]
>
> The council officers who serve on the planning committee are elected.

This piece from 1944 makes the case pretty understandable.

http://tinyurl.com/rk47s (Link is to Amazon.com)
Matt Barrow - 25 May 2006 14:07 GMT
>> Sounds like these guys! http://capmag.com/article.asp?ID=4666
>
[quoted text clipped - 12 lines]
> didn't actually say that.... my wife and I joked about laying them out in
> stripes or so that they spelled out something rude about the planners.

Dictators, though, don't like being messed with. Unfortunately, it seems the
only way of dealing with them is catering to their psychosis. The
alternatives are quite drastic.
 
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