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Living on land with planning permission.
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gil
Downsizer Moderator


Joined: 08 Jun 2005
Posts: 18380

PostPosted: Sun Jan 08, 12 10:59 pm    Post subject:  Reply with quote    

I don't know whether it is different in Scotland, or whether the 're-crofting scheme' is different again, but DS member cassy might have some useful info.

They're on land with PP for self-build, and several similar plots near them in various stages of design/build/finished, over different timescales.
Apparently it took one chap 10 years to complete his self-build - he did it all himself in between working, which helped raise the funds to do the build.

We were talking about whether the council had a different way of dealing with folk who really were 'self-building', and those who would just throw money at it and hire contractors for every aspect (much faster).

wipka84



Joined: 07 Feb 2009
Posts: 221
Location: Essex, UK
PostPosted: Mon Jan 09, 12 9:47 am    Post subject: Reply with quote    

Provided you start the development and get it signed off by the LA the time limits for the planning consent fall away.

There may be conditions as well within your planning consent that stipulate a period for when, from commencement, the development must be completed by.

The local billing authority may then, if you delay development, serve a notice on you giving a time period when they consider the development to have completed by and start charging council tax from that date, regardless of the physical state of the building. As far as I know, there is no set criteria from when a new build property is deemed habitable which would stop them from doing this. This was introduced to prevent builders leaving developments as a shell until a sale had been secured and avoiding council tax.

You may also encounter problems by stretching development over a long period of time, keeping up with building regulations, as when it comes to sign off, what you may have undertaken in line with BR, could be outdated and require changes before sign off will be given.

mark



Joined: 14 Jul 2005
Posts: 2186
Location: Leeds
PostPosted: Mon Jan 09, 12 10:01 am    Post subject: Reply with quote    

>just storage of equipment, surpluss and stock materials.<

This could be the tricky bit. If you are not progressing the build but appear to be using the land to support another business as its prime use then you could find you invalidate your original planning permission.

You don't say what is included in the planning application re workshops and storage.
There is a difference between restoration and new build here I think. I f you are restoring out buildings are considered as ancilliary to the main house - if their is no habitable permanent dwelling constructed as in a delayed new build yet their status may be different - as they become the main use the land is put to.
If they are their mainly to help in the building of the house no problem - but if you try to run another business form their which is visible in its comings and goings you could come cropper if you don't have prior approval
Do check with your local planning officer
The point is that time limits can mean nothing when the property has been used for a different useage

onemanband



Joined: 26 Dec 2010
Posts: 1473
Location: NCA90
PostPosted: Mon Jan 09, 12 11:14 am    Post subject: Reply with quote    

wipka84 wrote:
Provided you start the .......................................


That all sounds fair enough.
Not to bothered by council tax issue as its something you pay anyway.
Re; building regs - yes could be an issue. I guess if work is done in stages that don't take too long from start to finish and are passed as you go then that shouldn't be a big issue.

All stuff to consider. Ta

stumbling goat



Joined: 20 Jan 2009
Posts: 1989

PostPosted: Mon Jan 09, 12 11:23 am    Post subject: Reply with quote    

Building regulations approval is non retrospective, you can not be asked to improve once the notice has been issued if you have gone for full planning with BR.

If you are doing the job "on a notice" calling the Building Inspector in for each stage of your cards, if they still issue stages cards, then I suspect that you would need to comply with the current regs as they are at that time you do that part of the project and get it inspected and passed. Interesting issue that one, I am not 100% sure.

sg

cassy



Joined: 04 Feb 2008
Posts: 1047
Location: South West Scotland
PostPosted: Mon Jan 09, 12 11:48 am    Post subject: Reply with quote    

gil wrote:
I don't know whether it is different in Scotland, or whether the 're-crofting scheme' is different again, but DS member cassy might have some useful info.

Don't know how useful it will be but have PM'd what I know.

Have you come across Chapter 7? Their planning info might be helpful for establishing whether running your business from the site would cause problems.

Best of luck with it!

onemanband



Joined: 26 Dec 2010
Posts: 1473
Location: NCA90
PostPosted: Mon Jan 09, 12 12:07 pm    Post subject: Reply with quote    

mark wrote:
>just storage of equipment, surpluss and stock materials.<

This could be the tricky bit..................................


That all makes sense.

I see no problems with having a builders yard at an existing house as long as its fenced off and not an eyesore, but your points on change of use could well be a problem if I dragged my feet on the build.

My other main option is to move 30 miles north into an existing property. 99% of my work is south of me so I would effectively make myself unemployed till I re-establish (in a less affluent area). I suppose this is the downsizing option.
The land with PP option would enable me to stay in this area and remain mortgage free and with abundant work. However it is looking like this option means I would have to show some serious financial commitment to completing a build. I suppose this option is actually more upsizing.

gz



Joined: 23 Jan 2009
Posts: 6750
Location: Ayrshire, Scotland
PostPosted: Mon Jan 09, 12 12:08 pm    Post subject: Reply with quote    

stumbling goat wrote:
Building regulations approval is non retrospective, you can not be asked to improve once the notice has been issued if you have gone for full planning with BR.

If you are doing the job "on a notice" calling the Building Inspector in for each stage of your cards, if they still issue stages cards, then I suspect that you would need to comply with the current regs as they are at that time you do that part of the project and get it inspected and passed. Interesting issue that one, I am not 100% sure.

sg


ISTR when I did that the cards to be returned had a date on them...unless things have changed since 2004/6....we did get asked why hadn't we started/finished. (combination of prat plan designer, prat builder before I got a really good one and Serious Snow )

onemanband



Joined: 26 Dec 2010
Posts: 1473
Location: NCA90
PostPosted: Mon Jan 09, 12 12:35 pm    Post subject: Reply with quote    

cassy wrote:
gil wrote:
I don't know whether it is different in Scotland, or whether the 're-crofting scheme' is different again, but DS member cassy might have some useful info.

Don't know how useful it will be but have PM'd what I know.

Have you come across Chapter 7? Their planning info might be helpful for establishing whether running your business from the site would cause problems.

Best of luck with it!


Yes thanks for that.
And thanks everyone else for advice.

Thinking now that if I go down the land with PP route I should look at cheaper plots leaving me with more to fund a build(and therefore less chance of being turfed off) - but that means I may not get the space I require

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