Extending planning permission

One of the key issues developers have faced during the economic downturn is funding the work necessary to implement a planning permission before that permission expires. To help developers the government has recently made changes to the planning system but many developers are not aware of the changes and their potentially significant benefits.

Many developers will be familiar with the situation where they’ve had to allow their planning permissions to expire. In addition to this, many developers often find that delays in discharging pre-commencement conditions attached to planning permissions can lead to those planning permissions expiring before conditions are discharged. This has been exacerbated by a change in the law which reduced the default time limit for implementation from five to three years, and which prevents applications to extend time limits from being made.

Consequently the government has recently made changes to the planning system to address these problems.

Replacement planning permissions

Replacement planning permissions, which were introduced on 1 October 2009, allow the time period for implementing planning permissions to be extended.

An application can now be made for the replacement of a planning permission (including outline planning permission and associated listed building and conservation area consents) in existence on 1 October 2009 provided that the development has not been implemented.

This is a relatively straightforward process. The standard application form on the Planning Portal’s website should be used. There is no requirement for a design and access statement, although local planning authorities have the power to seek further information as required. Also, an environmental impact assessment may be required if the relevant screening criteria are met. Consultation, notification and publicity requirements are the same as for a new planning application. It should also be noted that the LPA must consider the application against policy current at the time of the application. So, where circumstances have changed since the original application was granted, the LPA may not grant the replacement permission.

The fee is currently the same as for a new planning application, but draft fee regulations have been published by the Office of Public Sector Information, which is expected to lead to a reduction in application costs. A date has not yet been set for the fee regulations to come into force.

Points to note

If there is a Section 106 agreement in place linked to the original planning permission it may be necessary to enter into a supplementary deed which will link the replacement planning permission with the s106 agreement. Also, LPAs have the power to impose different conditions to those on the original planning permission. This may occur in circumstances where there has been a policy change and the imposition of new conditions is required to make the scheme acceptable. If an application for a replacement planning permission is refused, the same procedure will be available for submitting an appeal as for other planning applications.

It is important to note that replacement planning permissions will not be available to replace planning permissions which are granted after 1 October 2009. In addition to this, only one replacement application will be permitted. Applicants will have to ensure in future that they negotiate a suitable time period for implementation rather than allowing the default period of three years to be applied.

It’s also worth noting that these powers introduced by the government only apply to England. The planning system in Wales differs in that applications to extend time limits for implementation are still permitted, and the default time limit for implementation is five years rather than three years. This gives developers greater flexibility and less pressure to implement planning permissions.

For more information please contact Christian Silk on 0117 917 7580. Christian is an associate in TLT’s planning and development team with experience in all aspects of planning law. TLT is a top 100 UK law firm with offices in Bristol and London. Visit www.TLTsolicitors.com.

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