# changing planning permission for site boundary



## mwhich (27 Jul 2011)

Hi folks, is it possible to start building a house while applying for planning permission to change the site boundary? We have full planning permission for a site but have discovered that the site is too big and we want to reduce it.  The solicitor has completed the land transfer of the smaller site so we want to reapply for the planning to comply with this.  Is it possible to proceed with the build before we apply for the new planning?
Hope I make sense!!!


----------



## onq (27 Jul 2011)

If you proceed to build on a smaller site you may be in breach of your original planning permission.
Seeking retention after you complete the build may be risking refusal and enforcement action since several issues arise.

ONQ.

[broken link removed]

      All advice on AAM is remote from the situation and cannot be           relied                        upon                                                                                                                    as   a                  defence       or                support    -             in               and        of                    itself     -                                 should                             legal                               action                be                                 taken.
      Competent legal and building professionals should be asked to                      advise        in                                                                                                                           Real           Life          with               rights      to                        inspect            and                    issue                               reports             on                the                                             matters           at                                hand.


----------



## Guns N Roses (27 Jul 2011)

mwhich said:


> Is it possible to proceed with the build before we apply for the new planning?


No. You were granted permission on the basis that you were to have a bigger site. Making the site smaller may not comply with the conditions of your planning permission. Many Local Authorities require you to have a minimum size of site in certain areas. Changing the size of your site may also affect the effctiveness of your percolation area if you have one. Contact your Local Authority. You will probably have to reapply for permission.


----------



## mwhich (28 Jul 2011)

Hi guys, thanks for your response.  I guess its a bit of a strange one.  The percolation area is in a different field and the original pp included about .25 acre of this second field instead of just getting a right of way to the percolation area.  The 'site' area itself will be unaffected and its still quite a big site.


----------



## RKQ (28 Jul 2011)

Any change to a Permission ( a contract between you & the L.A) invalidates the Permission. A new permission will be required.

Guns N roses makes some very valid points above. Many Councils have minimum site sizes set out in their Development Plan, you must comply with this area.

It is unusual to have a percolation area _in a different field and the original pp included about .25 acre of this second field instead of just getting a right of way to the percolation area._ Many Lenders will not accept a Percolation area outside the site boundary - check with your mortgage lender.

IMO a percolation area should be within your landholding to maintain your property value. It would also let you maintain the area properly. Its also important as families fall out, neighbours fall out & best friends fall out so "rights of way" aren't always an ideal solution.


----------



## onq (28 Jul 2011)

mwhich said:


> Hi guys, thanks for your response.  I guess its a bit of a strange one.  The percolation area is in a different field and the original pp included about .25 acre of this second field instead of just getting a right of way to the percolation area.  The 'site' area itself will be unaffected and its still quite a big site.



mwhich,

+1 what Guns N Roses and RKQ have posted, and in addition I note the following -

The percolation area is part of the site by definition, since the site suitability must be tested by an accredited and registered person.
It cannot be viewed in isolation, since there are minimum distances of percolation areas and reserve percolation areas from 

- each other
- wells and sources of potable water
- legal boundaries
- your house
- other dwellings
- septic tanks, yours and others
- streams, rivers, field drains and ditches etc.

It would appear that you will therefore be materially in breach of your permission should you continue in this manner.

This strongly suggests a planning permission is required, and you may have gotten yourself into legal entanglements with increased costs which you could have avoided at an earlier stage by simply buying the requisite piece of land.
As part of the new planning application you will most like have to substitute an advanced treatment system for the one you have shown (assuming you have not got an advanced system already) to try to address the effluent with the areas you control.
As part of the new planning application you should also show the correct ownership outline, red for land you own and blue for other lands not part of the application and yellow for rights of way thereon, or as may be directed by the acts or regulations a amended or the local authority.

ONQ.

[broken link removed]

      All advice on AAM is remote from the situation and cannot be            relied                        upon                                                                                                                      as   a                  defence       or                 support    -             in               and        of                     itself     -                                 should                              legal                               action                be                                  taken.
      Competent legal and building professionals should be asked to                       advise        in                                                                                                                             Real           Life          with               rights       to                        inspect            and                     issue                               reports             on                 the                                             matters           at                                 hand.


----------

