New provisions have come into effect on the 1 October 2009, which will allow for the extension of time limits for planning permissions.
Under a new simplified procedure an application can be made for an extension of up to three years provided the permission is still extant, both on 1 October 2009 and on the date of application, and that the development has not yet commenced.
The new measures will apply to all consents, not just major development, and will cover both listed building and conservation area consents as well as outline permissions.
The one off fee for such an application is proposed to be £500 for major developments, £50 for householder developments and £170 for other sizes of development. Parliamentary approval is needed for the new charges and this is not expected to be provided until approximately the beginning of December. Until that date the current standard fee for a new planning application will be charged.
While applicants will be required to submit a new application form they will not need to submit a new design and access statement, plans or drawings.
There is no guarantee that an extension will be granted as the application will still be dealt with in broadly the same manner as any new application for development with the ultimate decision being at the discretion of the Local Planning Authority (“LPA”), though any adverse decision should be open to appeal.
More guidance is expected to be published by the Government over the next few weeks.
Overall, the new provisions offer a significant improvement on the previous procedure where the developer would have to effectively start all over again and submit a whole new planning application causing further costs and delays.
What is clear is that the Government has reacted to the dramatic slowdown in the economy and has accordingly implemented measures to protect development projects. The presumption being that if large numbers of permissions do lapse, this could have the effect of delaying an economic recovery.
The change introduced therefore provides a life-line for developments that have stalled and should hopefully give some comfort to developers and funders alike.
One would hope that Local Planning Authorities will have a positive reaction to the idea of time extensions, especially in light of current circumstances, and allow such applications, though only time will tell whether this new proposal will have real impact.
For further information please contact David Myers or Mark Dixon on 01482 323239.
This article is for general guidance only and action should not be taken without obtaining specific advice.
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