RE: Commencement of Development - Public forum - Planning Advisory Service (PAS)
RE: Commencement of Development
I have a strange one and not one that I am familiar with ! Planning permission granted for a Natural Burial Ground for personal use only and has a three year time limit condition - with no plans of making use of the plot within the next three years how would you keep the permission 'alive'? Its been suggested to fence off the area however I doubt that will comply with the definition of commencement. The land will not be consecreated.
Any suggestions?
All kinds of dark humour opportunities here, but I'll resist. A three year time limit for a personal grave is a bit morbid though.
But anyway, surely you just discharge any pre start conditions and dig a grave? Then fill it back in for safety reasons, I should think.
Frankly, even if someone was buried there after the pp expired I'd be amazed if the LPA tried to enforce. An enforcement notice requiring exhumation on a site previously given pp for burials? Or turning up at the funeral with a stop notice? Can't see it. TBH I wonder whether it actually needed planning permission in the first place if it's just for personal use.
John there are no pre commencement conditions just a couple of compliance conditions. Digging the grave and back filling was my first through but seems a pointless excercise. Also considered fencing the area off but the legislation requires 'Material Development' to have happened and given the fence would be PD didn't think that would give the commencement.
I tend to agree with your comments on the Enforcement and did have a humourous converstation with an Enforcement Officer on this - I'm also wondering if planning permission was needed as the change of use involves underground land and other than a head stone there would be no over ground work - however that may be a simplistic view!
Andrew Muir, modified 7 Years ago.
RE: Commencement of Development
New Member Posts: 11 Join Date: 10/11/15 Recent PostsJo Birkin, modified 7 Years ago.
RE: Commencement of Development
New Member Posts: 7 Join Date: 04/03/13 Recent PostsDigging the hole and filling back in afterwards would seem to constitute a "material operation" for the purposes of commencement of development
High Peak Borough Council v Secretary of State for the Environment and Courtdale Developments [1980] and
Riordan Communications Ltd v South Bucks District Council [1999]
The owner could be advised to document the process with photographs, and lodge copies of them with the Council for future reference.
Dead funny post!! (Sorry I couldn't resist!)
I dont disagree with anything that has been said to date, regarding a material start. However, and it has been touched upon already, did the works actually involve 'development' ? Surely that was the starting point. If i dug a hole in my back garden, or if i had an orchard etc, 3 feet wide and 8 feet in length and 6 feet deep, would any sane planning officer say i had undetaken development ? I f i then stuck my dog or my mother in it, ( sic) does that constitute development? I might be inclined to re- read Sec 55 of the Act.
(a)if the development consists of the carrying out of operations, at the time when those operations are begun;
(b)if the development consists of a change in use, at the time when the new use is instituted;
(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in paragraphs (a) and (b).
Even if it were the latter, would digging a hole and then filling it in again be enough. S56(4)(b) says the digging of a trench which is to contain the foundations, or part of the foundations, of a building. This would thus not apply?