Extending planning permissions

The Government has published ( on 18 June) its anticipated consultation paper on how it proposes to allow extensions to existing permissions. That a way should be found to do this has broad support given the current economic climate but we have been waiting to see how this could be achieved given that the power to use s 73 to "extend" permissions was removed under the 2004 Act.

Because of the inevitable delay if primary legislation has to be amended, the Government is consulting on the possibility of introducing a new category of planning application via amendment to secondary legislation. There would be a reduced fee (£170) and the consultation paper proposes that design and access statements should not be needed for these applications although the EIA regulations would still apply in the normal way.

This new style of application would be for major development only where planning permission was granted on or before 1 October 2009. Only 1 "extension" would be permitted during the life of the original application but in the same way as s 73 applications generate a new self standing planning permission, these new applications will do the same. So LPAs will need to take care when granting that they secure what is needed in terms of conditions and section 106 obligations.

It remains to be seen whether this minimal approach to applications can be taken forward in a way which avoids the risk of third party challenge, and to a large extent much will depend on the material which was submitted with the previous application, which consultees are to be consulted, and, crucially, whether there are any material changes in circumstance. Let's all hope it can and that development proposals, ready and waiting for the upturn and with the benefit of planning permissions can be allowed to remain extant for longer 

Comments

[Colin Campbell]

Measures to make it easier to keep consents alive must be a good thing in current economic circumstances. However, I wonder how useful the measure to extend permissions will really be. Paragraph 19 makes it clear that local authorities can decline to extend permissions where changes in the development plan or other material considerations indicate that proposals should no longer be considered favourably. Given the changes in the policy over the last five years, it is likely that local authorities will consider that circumstances have changed significantly in relation to a great many applications.

[David Brock]

You're quite right Colin. The authority can simply refuse. It was a great mistake in my view tohave reduced the default period from five to three years and most of the development industry said so when the Government consulted. It does also make one rather cynical about consultation.

[Simon Owen]

I assume that there is potential limbo situation if the application to extend the planning permission is submitted towards the end of the 3 or 5 year period. The time limit of the existing planning permission may expire before the permission is extended, leaving the developer in a difficult position.