How long does LBC Apply for?

[benmc]

Hi All

Quick question. If we apply for LBC and it is granted. How long does the approval last for?

We are about to complete purchase on our Church and are intending to reverse some of the original conversion and return the light and open feeling to the building. We will be doing most of the work ourselves and just wondering if we seek approval for all of the work up front and then spend the next couple of years completing the project. Will the LBC run out?

Regards
Ben

 

[benmc]

To possibly answer my own question

Looks like the work must begin no longer than 5 years after consent.

http://www.opsi.gov.uk/acts/acts1990/ukpga_19900009_en_2#pt1-ch2-pb3-l1g18

1990 Planning (Listed Buildings and Conservation Areas) Act 1990

"18Limit of duration of listed building consent
(1)Subject to the provisions of this section, every listed building consent shall be granted subject to the condition that the works to which it relates must be begun not later than the expiration of—
(a)five years beginning with the date on which the consent is granted; or
(b)such other period (whether longer or shorter) beginning with that date as the authority granting the consent may direct, being a period which the authority considers appropriate having regard to any material considerations.
(2)If listed building consent is granted without the condition required by subsection (1), it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.
(3)Nothing in this section applies to any consent to the retention of works granted under section 8(3)."

 

[arthurw3]

If it is like a normal planning permission and building regs permission, which last for three years. As long as you have STARTED the job within the three years you can go on 'till you die ;>)

 

[middi]

........and that is just about right if you start when you are young enough. :wink:

 

[Penners]

........and that is just about right if you start when you are young enough. :wink:

I wish I had! Still, I can always attach the LBC documents to my Will.

 

[Flyfisher]

My LBC was granted subject to the following condition:

"The development must be begun no later than the expiration of THREE YEARS beginning with the date of this permission.
Reason for condition:- as required by section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended)."

That wording clearly implies that permission will expire after 3 years if the work has not started before then, but it isn't very clear that permission is extended forever once the work has started within the initial 3 year period. One for the Plain English Society perhaps?

 

[Penners]

I agree that the meaning is by implication only. But that could work in your favour. If the authorities tried to say that you hadn't finished the work soon enough, you could point out the lack of clarity about this.

But I don't think this would arise, so long as you have started within the stipulated period.

 

[skier-hughes]

Our neighbour has been working on his barn conversion for over 10 years now. Not LBC but normal planning, again it appears that so long as he started work on it in the time frame required he can slowly keep working on it.

 

[Pford75]

Interesting question as to what constitues 'starting work'. Starting work on a barn conversion could be the removal of a single roof tile.

I wonder if there is a potential loophole here? For example, where a building/structure is to be removed and then replaced...could it be removed at the start of the work and the work simply never completed?

 

[Gareth Hughes]

Interesting question as to what constitues 'starting work'. Starting work on a barn conversion could be the removal of a single roof tile.

I wonder if there is a potential loophole here? For example, where a building/structure is to be removed and then replaced...could it be removed at the start of the work and the work simply never completed?

Yes, and it happens.

The courts have accepted some pretty minor things as "commencement" (none quite as minor as removing a single roof tile).

The time limit for commencement is, as has been said here, three years, rather than the five years it used to be. No time limit on completetion (although leaving a listed building incomplete and open to the weather for years could eventually attract other enforcement action).

 

[Flyfisher]

I was once told that 'starting work' is usually defined as the date on which the building control 'file' is opened for the job, which makes some sense as this would comprise an acknowledged starting point of the project.

However, with LBC work often not requiring BC, this won't always be applicable to listed building works.

As ever, I suspect the CO is the main person in the whole process. Keep them informed and happy and I doubt there'll be any problems - of the regulatory kind anyway.

 

[Penners]

Absolutely right. As with all things, reasonable behaviour is usually reciprocated.

 

[skier-hughes]

Mr Penners,

I do believe you are right my good man.

Graciously yours,

Mr Skier-Hughes

 

[Penners]

Good grief - what's come over you, Mr S-H? You've gone all smart on us.

 

[skier-hughes]

I'm sorry sir, do you infer my reply as being unreasonable, it was not written in such a manner as to cause offence. Please I beg of you, your pardon, for my misdemeanour,

As Always,

Your servant,

Mr Skier-Hughes