These days, most planning permissions must be implemented within three years (previously five years). This means that the development must be ‘commenced’.

For work to ‘commence’ there must be a ‘material operation’, but that need not be major. For instance, it would include the pegging out of access roads, with a degree of permanence and scale to fulfil its role as a guide to construction, or the laying of hardcore to form an access road; the excavation of trenches for constructing foundations; and works to existing new services. In practice, photos will be taken and it is usual to advise the LA of the works being done. However, before advising a client to do such work (so as to preserve the planning permission), it is important to check that the commencement of the development will not trigger onerous obligations under either an overage agreement, or under an s106 agreement.