TKP successfully resolve issues on “expired” planning permission

October 16, 2018 10:05 am Published by

TKP have successfully gained planning permission for what was considered a lapsed consent for a residential barn conversion.

Planning permission had been granted for a barn conversion in the open countryside in 2014, with seven pre-commencement conditions which had to be implemented by the end of 2017.  Due to circumstances outside the applicant’s control the consent expired without being formally implemented. The applicant had dug trenches; however as the pre-commencement conditions were not discharged, it was not considered by the Council to be a lawful start.

Planner Julie O’Rourke submitted an application for a Certificate of Lawful Use to formalise the planning permission, arguing that the pre-commencement conditions did not go to the heart of the matter. TKP presented the Council with a case that considered if the conditions merely stipulated that something must be done before the time when the development commences or a condition which in truth goes further and stipulates that the development cannot commence until the condition is fulfilled. TKP successfully set out that while the conditions had been breached, the development works that had been commenced were not unlawful. The pre-commencement conditions were not central to the development and therefore did not render the development unlawful. Therefore, the permission remained ‘live’.

In parallel, an application was also submitted to formally discharge the pre-commencement conditions which included materials, landscaping, flooding and car parking. TKP negotiated with the Council to find a sustainable drainage solution and landscaping solutions which met local policy criteria and were economically viable for the applicant. Both applications were granted and approved in September 2018.