news : time limits for planning permissions - update

In June 2009 we reported that the Government were considering extending the time limits for implementing extant planning permissions for major applications.

It has just been announced that as from 1 October 2009 the Government will be introducing these new time limits but will widen them to cover all extant planning permissions, not just those for major developments.

These provisions apply to full and outline planning permissions.  For outline permissions they must be extant (or ‘live’) both on 1 October and at the date of the application and have not yet commenced.  An outline permission is extant if either the time limit for submission of specified details (like design or landscaping) and known as ‘reserved matters’, have not yet expired or the applications for reserved matters were submitted within time and the specified time limit for commencement of development has not yet expired.

The Government has yet to finalise the fees associated with making a formal application to extend the time limit or publish the necessary accompanying form itself, but details will be released shortly and forms will be made available for use from 1 October 2009.  At present it is indicating the fees would be £500 for major developments (major is defined as 10 or more residential units or commercial schemes of more than 1000m²), £50 for householder developments and £170 for other sizes of development.  The finalised amounts will only be confirmed when the necessary regulations are laid before Parliament.  Until then the fee will be as if the proposed development is a wholly new application.

As detailed in our June 2009 news article, the length of time for extending the period of implementation of an extant permission depends on the remaining life of the existing permission.  It is intended, however, to be up to three years for full permission, but planning authorities have the discretion to grant longer or shorter permissions.  Only one extension to each permission will be possible.  The power to extend will not apply to any permissions granted after 1 October 2009.

Further guidance on the new procedures will be released by the Government after 1 October 2009.

This news will be of great interest (and good news) to all existing and potential JWPC clients who have an extant planning permission but who have, for whatever reason, been unable to implement it.  They will now no longer have to resubmit as if a new application with all the requisite plans and supporting documents.

For further help and guidance on these new provisions please contact JWPC.