# Renewing planning permission



## KennyBones (4 Apr 2011)

Hi,

I applied for OPP on a site adjacent to my house in 2006 but the ownership of the land was l in dispute so I couldn't build. The OPP is coming up on five years now and as far as I know is due to expire but the ownership issue still hasn't been sorted. 

Is it possible to renew or extend the planning for another couple of years?

Thanks


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## onq (4 Apr 2011)

My understanding of planning law is that you can seek to extend a permission for a house depending on how complete the house is, within the last year of the grant of permission.
The requirement for obtaining this grant of extension of permission over the past few years was that it needed to be built up to certain levels, depending on - 

(i) the local authority
(ii) the planning oficer and
(iii) the revised legislation involved.

If I recall correctly, it started and went along with this kind of increasing order of work completed; -

(a) ground floor cills level
(b) walls up to first floor level
(c) walls completed to roof level.

My understanding of the current position is that if the walls are complete to wall plate level (roof level) you would normally get an extension to allow you to complete the dwelling.
In the present case the house isn't built or commenced yet - I'm not certain that you can apply for an extension of the existing grant.

You could apply for a new permission, but that may not be what you would want to do.
The other party could introduce matters of ownership into the planning process.

It's difficult to advise on something so remote and only outline information.
If you talk to the planners, you should prepare your comments carefully.

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.


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## KennyBones (5 Apr 2011)

Thanks for the advice ONQ. 

Maybe dispute wasn't the correct term. The land was owned by the developers who subsequently went bust. The land registry has the company still registered as the owners but it has been within the boundary wall of the house for the last 14 years 8 of which have been while I owned the house. So no-one will dispute on those grounds and we had no objections on the last application. All my neighbours know of my plans and none object.
I'm hoping a re-application will go as smoothly as the last.


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## daithi28 (5 Apr 2011)

You will need to apply for permission all over again. Extension of duration of an existing planning permission under Section 42 of the Planning Act does not apply to outline permissions, only full permissions.

This is on the basis that sustantial works have to be carried out to comply with Section 42 and an outline permission does not allow you to carry out works at all. Only a permission consequent on outline allows that.


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## onq (6 Apr 2011)

I think Daithi28's comments are very relevant.

I mistook OPP for Original Planning Permission in my response [don't ask me why...]

Given the situation you describe you seem well on the way towards an adverse possession claim.

I suggest you trace who controls the estate now and seek to settle the matter in the short term to pave the way for development later on.

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.


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## nutty nut (14 Apr 2011)

KennyBones said:


> I applied for OPP on a site adjacent to my house in 2006.................Is it possible to renew or extend the planning for another couple of years?


Your outline permission would have been valid for 3 years only so is long out of date now.




daithi28 said:


> You will need to apply for permission all over again.


Agreed.




daithi28 said:


> This is on the basis that sustantial works have to be carried out to comply with Section 42


Not relevant here but there is now provision in the Act to apply for an extension of duration without having commenced works. This was introduced due to the current economic climate and has been in force since August 2010


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