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extend the life of your planning permission

New provisions come into effect today that enable local planning authorities to extend the time limits for implementing existing planning permissions.

The measures apply to planning permissions which are extant both on 1 October 2009 and at the date of application and have not yet commenced. They also cover listed building and conservation area consents which meet the same criteria and are associated with a planning permission which is also being extended.

Similarly, outline planning permissions can be extended, provided they are extant on 1 October 2009 and at the date of application and have not yet commenced. An outline permission is extant if either:

  • the time limit for submission of reserved matters has not yet expired or
  • reserved matters were all submitted in accordance with the time limit for submission of reserved matters, and the time limit for commencement has not yet expired

Application forms will be available for use on the Planning Portal website. For such applications, the requirement to provide a design and access statement will not apply; consultation requirements are modified; and plans and drawings will not have to be provided.

From 1 October 2009, it will also be possible to make non-material amendments to existing planning permissions. This will remove the need for entirely new applications where only a very small change is sought.

The Department for Communities and Local Government will be publishing guidance on the new measures in early October.

The proposed fees for applications to extend time limits are £500 for major developments, £50 for householder developments and £170 for other sizes of developments. However, until the fees regulations are changed, the fee is as if it were a wholly new application. For applications for non-material amendments, there is no fee.

While the changes will generally be welcomed by developers, there have been complaints from local planning authorities on the lack of time available to prepare for the changes which were laid before parliament on 8 September 2009.

For further information on any of the issues raised above, please contact Keith Lancaster in our Planning law team in Oxford on 01865 253 295 or email keith.lancaster@bllaw.co.uk.

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