changing planning permission for site boundary

[mwhich]

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]

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]

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]

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]

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]

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.