Was the application submitted on the basis of a material change of use of land, or operational development in, on, over or under land? I once got permission for a private burial ground, and it was submitted on the basis of the former, not the latter. This is important because S56 says the development of land shall be taken to be initiated—
(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?
