Minor Amendments to Planning Permission

Minor Amendments to Planning Permission

Postby bluepicasso » Mon Jan 11, 2010 5:00 pm

Hi,

I have recently been granted Planning Permission for a new 3000m2 commercial development in the Meath area. The building has already been fully let to tenants but since getting permission the internal layout has been subject to so many changes that it has started to slighty affect the external elevations, in particular the position of windows etc.

I was wondering what the procedure is for dealing with these minor amendments. I mean, to the untrained eye, you would probably not notice any difference, but I don't want to take any chances. Someone has suggested we proceed with our minor changes and then go for retention but is this really the best option?

Any help would be greatly appreciated.

Thanks.
bluepicasso
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Re: Minor Amendments to Planning Permission

Postby Tayto » Mon Jan 11, 2010 5:22 pm

Hi-

A few questions-
How far advanced is the construction?
Have you submitted documents indicating Compliance with Planning Permission?
Have you discussed the issue with the Architects/Engineer's who made the planning submission?
Have the Certificates of Compliance with Planning Permission & Building Regulations been issued?

I'm asking, because sometimes minor alterations to elevations are acceptable to whoever submits the Compliance documents and signs the Certificate of Compliance with Planning Permission. The alterations can be indicated on the Compliance documents and and no further planning applications will be required. If no one is prepared to sign the Certs, then you must apply for planning permission for minor alterations to the original permission.
It's a matter of choice whether or not you apply for Planning Retention after building the alterations or Planning Permission before you build the alterations. The Planning Retention application obviously has more risk attached.
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Re: Minor Amendments to Planning Permission

Postby bluepicasso » Mon Jan 11, 2010 5:35 pm

Hi Tayto,

Thanks for the speedy response. To answer your questions;

Construction has not started yet but is due to start very soon, therefore no Certificates have been issued.

I am the Architect on the job, but this is my first project of this size/type in Ireland after having worked in the UK for for few years, where they do things slightly differently.

I just don't want to get caught out on this, but didn't really want to alert the planners either in case I was drawing unneccessary attention to the job.

I suppose the question really is, how minor does a minor amendment have to be before it becomes a major amendment and requires PP?

As I am a relatively young Architect with not a huge number of years/projects behind me, I'm not really in a great position to call this one!
bluepicasso
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Re: Minor Amendments to Planning Permission

Postby Tayto » Mon Jan 11, 2010 7:44 pm

As I say, there's a bit of leeway with regard to minor alterations because the Certificate of Compliance is signed subject to the development being (in the opinion of the Certifier) "in substantial compliance" with the planning permission.
One thing I will say is that if there's any increase in floor area, then you're looking at another planning application.
Window break-ups can be altered to a degree because sometimes structural requirements demand pier/column insertions- It's not really possible to make a judgement or give an opinion without seeing the drawings. Also Planning conditions can very often require elevational alterations.
Is there no senior architect you can consult? If not, then maybe prepare Planning Compliance drawings, lodge them with the Council and see if there's any response.

Also, I'll prepared to give you an opinion for a small fee. :D

Good luck.
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Re: Minor Amendments to Planning Permission

Postby Bren88 » Tue Jan 12, 2010 7:34 am

You may also have the option of submitting current plans to the LA to amend the planning permission. Not every LA uses this option, but due to the current situation I’ve noticed that LA’s are more lenient regarding drawings. Although, I’ve only experienced this in relation to drawings that should have been invalid where I was allowed to resubmit in order to maintain original dates.
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