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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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    • CommentAuthorTriassic
    • CommentTimeJan 23rd 2012
     
    As some readers will know I'm in the process of trying to buy an old pub on the understanding that I'll walk away if I can't get planing approval for 'Change of Use'.

    The guy I'm dealing with at the Pubco has no concept of what is required as part of a planning application, will not supply any information such as copies of previous planning applications or the history and wants to set a contractual Longstop date of 31st May, i.e 4 clear months from now. I'm telling him the planning process could take far longer than that considering the property is in a conservation area, the building is old (built mid 1700s) and has an interesting history (has been a farm, court house, pub etc etc.

    I've read elsewhere that the first hurdle is actually getting thorough the planning application validation process, in my case its a 22 point process, some points apply and some don't and the planning people can't give me a definitive answer as to which ones apply?!

    Anyone else got an experience of this and what is a likely/reasonable planning timescale?
    •  
      CommentAuthornigel
    • CommentTimeJan 23rd 2012
     
    Planning applications should be decided within an 8 week period, that is from the point of validation.

    I have never had a problem having an application validated but I have found that sometimes consultees demand additional work during the application that delays things.

    A good architect or planner should be able to advise on what is required to have an application validated.

    In normal circumstances 4 months should be long enough if it is reasonably straightforward application - i.e it is consistent with planning policy.
    • CommentAuthorborpin
    • CommentTimeJan 23rd 2012 edited
     
    http://www.planningportal.gov.uk/ is probably the best place to start.
  1.  
    I would walk away. Any seller in this present housing market not willing to work with a potential buyer is either mad or has something to hide. If you approach the council you can get a full planning history for the property which is always worthwhile. Our council even has the records online so you can do a stealth search. In theory 4 months should be long enough to get approval but if your council is similar to ours it will take them that long just to arrange a site visit. Sorry I am so negative but I have been through the mill with our local council taking 7 years to get permission for an agricultural barn which should have been approved as permitted development and a running battle with the conservation officer just to get the wooden spoutings changed on our grade 2 listed house (Still not approved after 2 years)

    As for Pubco not knowing what is involved in change of use I would find that difficult to believe. Why do you think so many pubs are being sold through Auction sites like Pugh &Co. If they could easily be converted back to houses then the pubs would be up for auction with planning permission for conversion.
    • CommentAuthorwindy lamb
    • CommentTimeJan 23rd 2012
     
    I'd say you need to look at your councils planning applications on line and gauge how long they take to process once accepted/validated - the 8 weeks is usually optimistic.

    My council did everything possible not to accept my application as valid, gave me incorrect advice, incorrect fee even when I hand submitted it. The clock doesn't start ticking until the application is accepted so if they are busy...
    I submitted an application for a small wind turbine in Sept 2010 finally accepted as valid mid Oct 2010, approved late Feb 2011and that was after weekly phone reminders! A farmer not 2 miles away submitted an application for the same turbine in Oct 2010, they have only just accepted the application as valid. Perhaps he didn't telephone the council on a weekly basis.
    You could submit your application at the same time as an appeal for none determination as Tescos do.
    • CommentAuthorseascape
    • CommentTimeJan 23rd 2012
     
    I would say you need more time, given potential complexity of project. Could you afford to pay an architect for an opinion on how long it would take under certain scenarios? There are things to consider like if they refuse it first time, how long does it take to reapply with the amendments, which get it through - if it's 8 weeks again that's your 4 months gone - add the validation process it could easily be 6 months.

    I lost a piece of land once because I was 5 minutes late with final paperwork so beware. The company need to give you a realistic time frame to work to, which is why an architects opinion may help you in negotiations ie 'what's reasonable' for both sides.

    I would go for the simplest, quickest design which would get me the permission - tick all boxes etc. Once you've got it you can always go back and fine tune to exactly what you want.
    • CommentAuthorCWatters
    • CommentTimeJan 24th 2012
     
    The planning process is unpredictable. It took me over a year to get PP for my house on a site that already had PP for a house. At one point were were waiting while they recruited a new officer.

    The first thing we recieved back was a letter stating that they were assuming we were happy to waive the 8 week target for processing planning applications. If I was doing it again I would never agree to that because it's open ended and I believe it means you can't submit an appeal for non-determination. One option might be to tell them you can't waive the 8 weeks but that you won't submit an appeal for non-determination until after say 16 weeks. Note that you loose the right to submit an appeal for nondetermination after 8 weeks (or whatever is agreed) plus 6 months.

    http://www.islington.gov.uk/environment/planning/planninginisl/plan_apply/appeal/appealnondet.asp

    In the case of this pub I think I would walk away. It just seems like there are too many issues.
    • CommentAuthorseascape
    • CommentTimeJan 24th 2012
     
    Agree pp process unpredictable - planning department on holiday, computers down and moving offices are some of the problems I have had to deal with.
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