Extensions to time limits for implementing existing permissions
From the 1 October 2009 provisions came into force to allow most current planning and related permissions about to lapse to be kept extant using a simplified application route. Guidance is set out in the Government's 'Greater flexibility for planning permission' document.
A new form is available on the Planning Portal website together with relevant guidance on how to complete them.
Please note that due to a new computer system we are currently experiencing delays of up to 3 weeks in registering applications. We are working to reduce this backlog but in the meantime please accept our apologies for this delay.
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The extension to time limits
As of 1 October 2012 this provision has been extended further so that it applies to all planning applications that
- are extant on 1 October 2010, and;
- have not been commenced at the date of application, and;
- were granted permission prior to the 1 October 2010.
The power also covers listed building and conservation area applications meeting the above criteria and linked to an eligible planning permission as well as outline approvals if the reserved matters time limit has not expired (or the matters have been submitted but the commencement period remains open). New permissions granted on or after 1st October 2010 are not covered as longer periods for the start of development can be stated by the council when they are granted if required.
Fees:
The planning application fee from the 22 November 2012 is as follows
(a) If the application is a householder application £57.00
(b) If the application is an application for major development £575.00
(c) In any other case £195.00
The application:
A standard planning application form must be used. An assessment will be made of the information submitted with the original application and what information would have been required for an application if it were made under the current 1APP procedures. This, for example, could include information related to flood risk or construction statements. A Design and Access Statement will not be required.
In addition, where appropriate, submissions should include a Section 106 deed of variation document or new Section 106 agreement. If the original application was submitted with an Environmental Assessment, an updated statement may be required.
The analysis of whether such information is required, should be completed in discussion with the council as a formal pre application submission.
In the event that there is missing information when the planning application is submitted, the application will be held ‘invalid’ pending the requested information or a request for additional information will be made through Regulation 4 of the Town and Country Planning (Applications) Regulations 1988.
If the council does not have this information, it is likely that the application would need to be refused as the application would lack sufficient information to ensure the development complies with current plan policy.
Renewals for listed building and conservation area consents still require the submission of a paper copy of the plans.
Publicity and consultation arrangements will be carried out as if the application were new, as well all relevant council procedural requirements. Permissions can be refused where changes in the Development Plan or other material considerations apply or if a renewal is not seen as an appropriate procedure. Pre application discussions are encouraged.
The decision:
The council will consider what conditions need to be imposed in the event that the application is considered for approval. The same conditions as set out in the previous approval will not necessarily be required and new conditions may be added.
In the event that the application is refused, the appeal procedure is the same for any other applications for planning permission. Appeals against refusal must be made within 12 weeks for householder appeals or six months for other applications.
Notes:
Normally, planning permissions are granted with a requirement for implementation within a specific time, this is normally three years for a full permission. In certain circumstances the implementation condition can be amended. Early pre-application discussion on this is welcomed should there be a need to alter this time period.
An application for an extension to the time limit is considered to be a new application for development under the 1999 EIA Regulations, and where the development is listed under either Schedule 1 or 2 to the 1999 EIA Regulations, and satisfies the criteria or thresholds set, this would require the council to issue a new screening opinion as to whether an EIA is necessary. Where it is necessary to update environmental information, provide new information or alter the proposed mitigation measures, this can normally be done by means of a supplementary Environmental Statement.
