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Submit plansI have planning permission to demolish my existing house and detached garage and create a new self build. However, this will expire in the Autumn of 2026 and we are not ready yet to conduct the works and think we want to change the design.
Can we commence the demolition on time to ensure it does not expire and then seek to amend the plans or is it better to submit new plans before the existing expire - even if we are not 100% of what we want or can afford?
Hi Ian,
Thank you for your question.
Planning permissions come with a three year deadline for starting work. This may sound like plenty of time, but it passes quickly and it is common to find yourself with the expiry deadline looming and your plans not yet finalised.
As long as work starts, your permission is secured for ever. However, there are a couple of things to be aware of. Firstly, you must discharge any pre-commencement conditions (any planning conditions on your grant of permission that require you to do certain things before work starts) before you start. Secondly, the works on site must count as a ‘material’ start (i.e. there must be significant to count as the start of development).
This is where it gets a little complicated. The nightmare scenario is that you think you have started work and secured your consent, but the council disputes that the work you did was enough to count as properly implementing your permission.
The good news is that demolition is considered a material operation, and can therefore count as the start of development. It is important to keep evidence of starting work in case there is ever a dispute with the planners. If in doubt, you can ask them for confirmation that the works you have undertaken count as a commencement by applying for a lawful development certificate.
The alternative, as you suggest in your question, is to make a new planning application, thereby obtaining a new permission with a new three year deadline. Even if you don’t think you will ultimately build out the current design for your new house, you could resubmit those plans solely to obtain a live consent and to buy you some time to come up with a new proposal.
Hope this helps.
Martin Gaine (Build It’s planning expert)