Before you build, here’s what you must do

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Stage 5: The Construction

Anna Balls, Lead Project Consultant at Cogeo

Permission granted. Now what?

Obtaining planning permission is a major milestone, and it’s worth taking a moment to celebrate that. But permission alone isn’t the green light to start work on site.

The real question is now: “Do we have everything we need for a lawful start?”

This stage is where good preparation pays off. During the design, assessment, and application stages, we’ve strategically prepared everything to ensure construction will be straightforward. Here’s what needs to happen before that can begin and how we’ll help you get there.

Before you start building

Planning permission may come with pre-commencement conditions that you must comply with before work can begin. Starting without satisfying these conditions isn’t something you can navigate around. It’s unlawful and may result in enforcement action.

Before your programme begins, we’ll work through the following with you:

Your checklist:

Do your construction plans match the consented planning drawings?

Have we reviewed and actioned all pre-commencement conditions?

What requires a response from the Local Planning Authority (LPA)?

Are all permits and legal agreements in place?

Does the construction programme allow for the discharge of conditions?

Does the construction programme allow for the LPA to provide a response?

This is where projects either move forward with confidence or face avoidable delays. Throughout this stage, we keep everything clear, compliant and on programme.

What if your plans have changed?

If your plans have changed, the important thing is to tell us immediately. The right route forward depends on the nature of that change, and getting this wrong can cause significant delays or even enforcement action.

Outlined below are examples of project amendments and the actions you must take to remain compliant.

Minor amendments

A non-material amendment (England and Wales) or a non-material variation (Scotland) is required. Note that there is no statutory definition of what is considered a material. This is at the discretion of your LPA.

Red line boundary

All development must stay within the approved red line boundary. Any development outside of this boundary requires a new planning application.

Material changes

Where changes significantly alter the scheme – such as scale, layout, or design – a new planning application is required.

Condition changes

If a condition has changed, we can adjust the planning application through Section 73 (England and Wales) or Section 42 (Scotland).

Plans changed? Get in touch with us straight away.

The sooner we’re involved, the more options you have.

Realistic timescales for discharging conditions

There are statutory timescales for discharging the conditions after your planning permission is granted – and then there are realistic timelines. It’s important to factor in the possibility of delays, though you can be assured that we work with all relevant parties to get everything over the line as quickly as possible.

Standard application

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(unless a longer period is agreed in writing)

An EIA application

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In England: If no decision is made within 12 weeks, the Local Authority must return your fees to you.

What about delays?

Delays are a common part of the planning process, but they’re not inevitable. When we present the right information from the outset, we reduce the risk of delays. Our five-stage process ensures everything is in place from day one to keep projects moving.

Delays by location

In England, if delays are unreasonable, you can get ‘deemed consent’, which essentially allows you permission for certain types of development if you meet specific conditions.

In Scotland, there is no deemed consent and delays are currently likely. As a reference point, the Highland Council is discharging conditions in 6 months unless you pay them to expedite the process.

What if I don’t discharge my conditions?

If you don’t wait for the discharge of your conditions, then your development isn’t legal.

Failing to comply with a planning condition is a breach of planning control. This can lead to criminal proceedings and an unlimited fine. This isn’t an area where we can cut corners or take risks.

- Anna Balls, Lead Project Consultant at Cogeo

How Cogeo helps from the start

Our support during the construction stage is rooted in what has already happened during the design stage. By this point, we have already made sure your design has:

Flexibility built in: We design your project with room for change, so that variations don’t automatically trigger a new application.

Appropriate red line boundary: We allow space for changes, variations and mitigation.

Complete project scope: We include all potential requirements from the start, such as ancillary infrastructure (i.e. access roads, parking areas, utility connections). If it might be needed, it’s in the application.

Detailed understanding of the site: We take the time to understand your site in detail through comprehensive surveys (such as drone and topographical surveys), so we know the real-world conditions for construction.

The principle behind all of this is simple: it’s better to include something and not need it than to need it and not have it.

How to prepare for construction

The most successful projects are well-prepared, well-informed and built on a foundation of good early decisions.

Our advice:

Build flexibility into your approach from day one.

Plan for unknowns and make space for them in your programme.

Work with us to present the most impactful version of your development to the LPA. Learn More

Invest early in the necessary surveys to fully understand your site.

Keep us updated with potential changes to your construction design.

We’re with you until the end

Our job doesn’t finish when permission is granted. We’re with you through construction – tracking changes, managing amendments, liaising with the LPA and keeping your project compliant. We treat your development as if it were our own because the goal isn’t just to get you planning permission. It is to get your project built.

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01 - STAGE ONE

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