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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Unlawful development completions

Ian McDonald, modified 7 Months ago.

Unlawful development completions

Enthusiast Posts: 71 Join Date: 15/05/12 Recent Posts

I have a planning application for conversion from former offices to 46 apartments. It hasn't yet been granted permission due to s106 agreements not signed. I was notified by Council Tax team that the 46 flats were added to Council Tax taxation in March 2024. I went to visit and the former office building is now a block of apartments with most if not all occupied. So legally it is 'unlawful' development.

Question - do I include them in the 2023/24 completions figure or should they not been included until the permission is granted (i.e. add to the completions figure for the year that the permission is granted)?  What would you do?

I cannot find any advice on the DELTA HFR form https://delta.communities.gov.uk/document-repository/public/download?uri=/document-repository/HFR-Guidance---2022-2023.pdf

James Faircliffe, modified 7 Months ago.

RE: Unlawful development completions

New Member Post: 1 Join Date: 13/02/23 Recent Posts

i'd be tempted to ask the HFR civil servants what to do.  The stats people are usually pretty friendly and helpful.

Kelsey Tim, modified 7 Months ago.

RE: Unlawful development completions

New Member Posts: 3 Join Date: 24/04/24 Recent Posts

Including the 46 apartments in the 2023/24 completions figure might not be appropriate since the development hasn't received permission yet, making it an "unlawful" development. It's advisable to wait until the planning permission is granted before including them in the completions figure. This ensures accuracy and compliance with regulations. Until then, it's best to hold off on counting them towards any completion figures.