Extensions to Time Limits on Planning Permissions and Approval of Non-Material Amendments
Extending extant permissions
On 1 October 2009 the Department for Communities and Local Government introduced new provisions[1] allowing local planning authorities to extend the time limits for existing planning permissions where those permissions are about to lapse. This can be done through a simple application procedure. An application to extend the time limit for implementation can be made in relation to all eligible existing planning permissions for all sizes of development not just for major development proposals. It will apply to planning permissions which are extant on 1 October 2009 and on the date of the application to extend and where the development has not yet commenced. It will also apply to listed building consents and conservation area consents where they are associated with a planning permission which is also being extended.
The Government is hoping that by introducing the ability to extend extant permissions this will mean that as the economy recovers developers will not have to incur the delay and cost of submitting new planning applications for schemes that they had planning permission for but chose not to commence during the economic crisis. The move should also help to avoid local planning authorities being suddenly swamped with a sudden upsurge in planning applications as the economy picks up. A reduced fee will be payable for an application to extend the time limit for commencement and there will be no need to submit a design and access statement with the application.
Making changes to extant planning permissions
Also, from 1 October 2009[2], developers can apply to make non-material amendments to existing planning permissions under section 96A of the Town and Country Planning Act 1990 (as introduced by section 190 of the Planning Act 2008). These provisions will not cover changes to listed building consents and conservation area consents. The new provisions will allow small changes to be made to schemes without needing to submit a whole new planning application. The local planning authority will make a decision on the application within 28 days rather than the usual 8 week period.
The Government intends to issue guidance to assist both developers and local planning authorities in applying these new rules. New application forms for both these changes are available from the Planning Portal.
[1] THE TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) (AMENDMENT NO. 3) (ENGLAND) ORDER 2009
[2] THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS (AMENDMENT) (ENGLAND) REGULATIONS 2009
This article was first published in the Property Law Journal on 23 October 2009.
