What happens if planning permission expires




















For example, if your building is a listed building, you will need to request listed building approval, while if you are applying to demolish a building in a conservation area you will need to apply for approval to carry out the demolition. These extra approvals will often be brought to your attention in 'informatives' once you have obtained planning permission, but might not be highlighted in all cases.

You can make minor or non-material amendments to a planning permission application after consent has been granted. These are applied for using a different form under section 96A of the Town and Country Planning Act , while significant major amendments will need a different application under section 73 of the Town and Country Planning Act. A minor amendment will usually be something like a reduction in the scale and ambition of the proposed development, or an adjustment to the size of windows and doors — things which are unobtrusive and won't have an impact on your neighbours or on the nature of the build.

Usually, if you want to significantly increase the size of your proposed development, or you want to make a change that will impact on your neighbours in some way, you will need to submit a completely new application.

If you are still confused about what steps you need to take after being granted planning permission, please feel free to get in touch with us. As planning permission experts, we have an immense amount of experience and insight to offer to home-owners and developers, and would be happy to hear from you.

Please call us on , complete our online enquiry form , or email our planning law UK expert Nicholas Kingsley-Smith. The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied is given in relation to such materials.

We shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. Submit a Reserved Matters application — whereby you submit a reserved matters application, complying with all the conditions laid out in the outline planning application.

The renewal application must be submitted and made valid before the date at which the original application runs out. Again, it is highly recommended you begin the renewal process at least 6 months in advance of the expiry date to enable planners time to process the application.

This holds it for 2 years, but this can now vary from site to site. If you have any questions surrounding your planning or its expiry, email us at info architects. How to stop Planning Permission from expiring? In order to stop planning lapsing on a site with full planning you can either; Submit a Planning Renewal application — whereby you re-submit the original planning application, at one-quarter of the original fee price.

To do so, you can either; Submit an Outline Planning renewal application — whereby you re-submit the original planning application under the same policy at one-quarter of the original fee. The authority may only act with reference to legitimate and bona fide planning considerations. It does not have the discretion to make whatever decision it wants.

It must act in good faith in accordance with the prescribed criteria. The primary basis of the decision on a planning application is the proper planning and sustainable development of the area. A range of factors are encompassed within proper planning and development, including the preservation of amenities, public health and safety services and other similar grounds. Further grounds are specified in regulations. The planning authority may have regard to previous decisions or precedents.

If a planning application has been rejected before, it is likely to be rejected again. Precedents are a guide only and are not binding. The planning authority must only take account of legitimate planning reasons. If it takes account of irrelevant considerations then its refusal may be invalid. This is not the obligation to have regard to means that reasonable consideration must be given. The planning authorities are obliged to consider the planning application in light of the planning development plan.

The provisions of the development plan are of primary importance. The planning authority may grant permission in contravention of its development plan.

However, in this situation, the material contravention procedure applies. It is specifically allowed to grant planning permission even though it would contravene the development plan. Planning permission should be granted having regard to the pattern of development and permissions granted in the area since making the planning application development plan. Regard must be had to the provisions of any special amenity Order.

Regard must be had to any designated European site or other area specified for conservation or protection of the environment. This includes archaeological national heritage features, conservation and protection of European. In relation to natural habitats, an assessment must be undertaking in respect of proposed development which impacts on a European site.

If there are conflicting objectives or objectives are not clearly stated in relation to the proposed development the permission should be granted having regard to regional planning guidelines for the area, statutory guidelines, strategy policy directives, statutory obligations of the local authority and governmental policy.

Additional considerations apply in respect of residential development applications for special social and affordable housing obligations apply. In a strategic development zone planning permission must be granted where the development would be consistent with a planning scheme for the area. The planning authority must consider what planning conditions may be imposed. Section 34 lists the types of planning conditions. Conditions must be relevant to planning. They cannot impose, for example, revenue making requirements.

Similarly, in relation to environmental matters are usually properly dealt with under environmental controls. The permissions should be limited to lands under the control of the applicant and persons under his direct or indirect control.

The condition must be precise and must not be unreasonable. Permission conditions frequency provide certain matters must be done before development is commenced.

These conditions are preconditions. Commencing development of works before the conditions are complied with is a breach of planning permission. It may have regard to environmental considerations in the application.

However, the actual control of emissions is regulated by the relevant environmental licence and not planning legislation. The purpose is to ensure that planning permission does not indirectly contradict or override the environmental licence. Conditions may require development contributions. These are principally relevant to the development of the lands They may require contributions towards existing and future infrastructure and facilities open spaces, roads, car parks, sewers, utilities, bus corridors lanes, refurbishment or replacement of roads, car parks, sewers, wastewater facilities, ancillary matters.

In this case, the planning permission goes ahead and the appeal relates only to the contribution. The local authority may require special contributions in respect of particular developments where exceptional costs are not covered by the development scheme are incurred.



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