Completion Notices - Public forum - Planning Advisory Service (PAS)

Lisa There is an example of a Completion Certificate in the Enforcement handbook on the NAPE web site but you will need to be a member of NAPE to access the information.

Thanks for the advice Sue - I have joined NAPE and we have the completion notice template to work from. Regards Lisa

Bear in mind that completion notices do not necessarily result in the development being completed. An incomplete development at the end of the notice period is still lawful and cannot be removed using enforcement powers - nor can it be completed as the permission will have been terminated. Be careful what you wish for ... Dean

I have a case where a man has permission to build a house which is still not finished some 30years on. He lives in a caravan. Both are not visible from the roadside and the neighbour has only in the last 12mths raised the issue. Interesting to read Dean's comment that the property could just end up unfinished, because the risk then is that this man may just continue living in his caravan, which has been there for over 10years; allowed initially whilst he built the house. He said he hasn't got on with it because he suffers from depression. Anyone advice on the best way to tackle this?

Hi Belinda. I'm not sure that Dean is quite right? My understanding is that if a Completion Notice is not complied with the planning permission will be deemed to have expired, and thus Discontinuance Action could be taken to secure the removal of the partially completed building (assuming that it is expedient in the public interest to do so!). The caravan is a separate issue. A caravan can be permitted development if occupied by someone employed in building operations on the land (this can include self-employment). Whist befefitting from permitted development rights it will not be unauthorised, and so immunity from enforcement action will not accrue. The question therfore is, when did the chap stop working on the erection of his dwelling becuse of his illness? If that was more than 10 years ago the caravan may well now be lawful, if not you would be in a position to take action is it was considered to be necessary. All the best. Mike

Thanks for that Mike. The problem is, the building work continues. He lives in the caravan and works daily, he says, on the house. The outer shell is complete, but the utilities are not connected. He is working on the electrics/plumbing etc but is a perfectionist. For instance, we went today to see what progress has been made and its minimal. The man is doing the work himself and the work is to a very high standard; he is making some parts himself using his milling machine in the garage. And so on. We have made him aware of some options and are going back in 4 weeks to see if he has progressed. The caravan has been there the whole time.

Belinda, Hi This post may be a bit late but I refer you to 'Cardiff County Council v (1) National Assembly for Wales 2) Mr. M. Malik [2006] EWHC 1412 (Admin)' which looked at use of Completion notices. Hope it helps.

Morning Belinda. I can't track down the full transcript of the CCC/Malik case but the attached (P8/9) contains a useful summary. It notes that non-complainace with a Completion Notice does not render the work done prior to its service unauthorised, so enforcement action is not an option, but does refer (as I did ... pause for smugness) to Discontinuance Action under S102. Given you have said that the work is being undertaken to a "high standard" does it matter that he is taking along time to complete the development? You also said that the site is not visible from the road. Just because 1 neighbour has started complaining, if no harm to public amenity is being caused, would it be expedient to take action. Remember, once you have started you can't stop. If you serve the Completion Notice just to appease the complainant, and it is not complied with (which it sounds like it would't be), what next. Would you serve a subsequent Discontinuance Notice and run the risk of a claim for compensation claim?

All, Hi Refer to attached.

Hello there, I am looking into the pros and cons of completion certificates. Can you serve a completion certificate for part of a development? In this case - a new build part of the development has been commenced but not completed (building frame and underground parking only), part has been completed (conversion of LB), and another new build part not implemented, and not likely to be forthcoming in the near future. The frame itself has attracted complaints, been there nearly 4 years, and is 3 storeys tall and detracts from the setting of the LB. Advice much appreciated!