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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Hello I have purchased a site which has planning for demolition

Customer Question

Hello

I have purchased a site which has planning for demolition and there are 2 permissions for construction. I am in the process of submitting a third planning application but in any case would like to crack on with the demolition.

Currently there is a planning application which is for the demolition of the current barns and farm buildings on the site. This is
11/0082/CAC (Oxford City Council) Condition 4 of this states :-

4. The building(s) shall not be demolished before planning permission for redevelopment is granted and a legally binding contract for the carrying out of the works of redevelopment of the site is made and evidence of the contract has been produced and agreed in writing by the Local Planning Authority, or in the absence of such a contract an alternative confirmation of commencement of the development as been submitted to and agreed in writing by the LPA.

We are likely to self build the house - my husband is a builder and is registered with the NHBC etc.

My question is in the absence of a contract with a builder what assurance can we/ should we give them?

Many thanks

Gina
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Why don't you have a guarantee please?
Customer: replied 3 years ago.

Hello Jo


 


What sort of guarantee are you referring to?


 


we don't want to enter into a contract with a builder as we are going to do the work ourselves.


 


I am not sure I understand what type of guarantee you are talking about. If you could provide more information that would be great

Expert:  Jo C. replied 3 years ago.
Thanks.

Sorry I see what you mean.

The concern of the planning authority is to make sure that there is no possibility that the site will be left empty for a period of time.

That is why they want evidence of a contract. Obviously, if you are doing self build, you cannot do that and therefore you have to rely on the last part, which starts ", or in the absence of etc...".

For that reason, you have to get the planning department to agree to what you are proposing.

If you have detailed planning permission with all aspects of construction covered. estimates and list of materials for everything required and a list of your husband's qualifications that you could submit then the planning permission element is self-explanatory.

You can agree an extra planning condition that the new build works will be started by a particular date.

You also need I think to give them estimates for all the materials and copies of contracts for the electrical work which needs to be done by a registered electrician and the gas work which needs to be done by a registered gas fitter. I would also give them estimates for any other work which your husband will not be doing himself. I think you also need to give a list of your husband's qualifications and experience and a portfolio of his previous work.

All you need to do is convince the planning authority that you do intend to start this work as soon as the demolition has been finished.

Ultimately, the decision as to whether they agree for you to demolish now rests with the planning authority

Can I clarify anything for you?

Jo
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola