news : existing time limits for existing planning permissions & other relaxations

In response to lobbying by major developers and business organisations, and clear indications that due to the current economic climate there has been a dramatic slowdown in the implementation of major schemes that already have planning permission, the Government announced on 18 June 2009 that it was considering temporary changes to the planning system.

In its consultation paper ‘Greater Flexibility for Planning Permissions’, published the same day, it sets out these proposed changes, inviting comment.  In summary these changes are:

• Extending the time limits for implementation of extant planning permissions for major developments;
• Allowing greater flexibility in dealing with minor material amendments to developments already granted planning permission;
• Allowing non-material changes to planning permissions.

Time Limits

Currently (and since 2004) planning permissions last for three years.  Once that three-year period has expired and the development has not started or all the necessary conditions have not been discharged, a completely new application, with all the relevant drawings and supporting documents, has to be submitted again.

The Government is now proposing the introduction of a new form of planning application with a £170 flat fee which will only apply to permissions for major developments granted on or before the intended date the measures come into force – 1 October 2009.  (Major developments cover the winning and working of materials, waste development, 10 or more dwelling houses or a residential site over 0.5 hectares, a building(s) with a floorspace of more than 1,000 square metres and development on a site of 1 hectare or more).

The length of time in which the application to extend the period for implementation of a permission can be made depends on the remaining life of the existing permission.  (A three-year permission granted in April 2008 could be extended at any time up to April 2011 for example).  Only one extension to each permission will be possible.  The power to extend the current three-year permission will not apply to any permission granted after the new measures come into force as Local Planning Authorities already have discretion to extend this period under existing legislation.  Under these new provisions applicants cannot seek to make any changes and the description of the development and all other conditions must remain the same.  Original linked Section 106 Agreements or Unilateral Undertakings may, however, need to be reviewed.

Where changes in the development plan or in other material considerations occur, local planning authorities can seek further information, or even refuse the application if it is considered more appropriate. 

Minor Material Amendments

To address concerns that in some cases new planning applications were being required for relatively small changes, the Government is proposing a more proportionate approach by using existing powers (Section 73 of Town & Country Planning Act 1990),  with a starting point, the definition of a minor amendment as “one whose scale and nature results in a development which is not substantially different from the one which has been approved”.  Any permission granted under Section 73 powers is regarded as a new one and should set out all the conditions pertaining to the development proposal.  It cannot be used to vary the time limit for implementation.  A flat fee of £170 is proposed.

Non-Material Changes

It is proposed that non-material changes to existing permissions can be permitted without having to submit a completely new planning application, by use of existing legislation.  It is proposed that the information required be limited to ownership certificate and sufficient information to identify the relevant permission.  In the majority of cases it is anticipated that there will be no need for consultation or publicity and that decisions will be made within 28 days of receipt.  A flat fee of £170 is proposed, with the exception of non-material amendments to householder applications (£25).

The consultation document ‘Greater Flexibility for Planning Permissions’ is available on the Government’s Communities & Local Government website: www.communities.gov.uk.  Responses to the document are requested by 13 August 2009.  It is hoped that the measures will come into force on 1 October 2009.  The effect of the measures will be kept under review.

Until the related fee regulations are changed, approximately 2-3 months after the new measures are introduced, the fees payable for extension of time limits would be as if it were a new application; for minor material amendments it remains as £170 and for non-material amendments no fee is payable.  The advice from JWPC Ltd is therefore to delay, if feasible, an application to extend the time to implement an extant planning permission for a major development until the fees regulations have been changed.