News
Extend Your Permission
17.11.2009
The 1st October 2009 saw the introduction of two relatively minor but nevertheless significant changes in the ability to extend and amend planning permissions in England.
Statutory Instruments (2261 and 2262) have introduced new provisions, amending the Town & Country Planning (General Development Procedure) Order 1995 to: 1) extend the time limits for implementing extant planning permissions; and 2) allow LPAs to approve non-material changes to existing permissions.
1) It is once again possible to apply to extend the time limit (implementation period) of full and outline permissions. Planning permissions which are extant both on 1st October and at the date of application, and have not yet commenced, are eligible. For outline permissions, they are extant if either: the time limit for the submission of reserved matters has not expired; or reserved matters applications were all submitted in accordance with the time limit for submission of reserved matters, and the time limit for commencement has not yet expired. Standardised application forms and associated guidance have been published; in short these provide for a simple process to extend the permission without the need to provide new plans, drawings or a Design and Access Statement. Details of fees are to be provided in due course.
This represents a reversal of the provisions introduced pursuant to the Planning and Compulsory Purchase Act 2004, whereby the right to ‘renew’ permission by applying to vary a time limit condition was revoked. The new procedure should allow for a simpler process and enable developers to keep planning permissions alive during these difficult times, without the time and expense of preparing a new application.
2) The provision to allow applications for non-material changes to existing planning permissions addresses an issue of some confusion/frustration over recent years, to planning practitioners and developers alike. Recent case law had prevented LPAs from agreeing minor amendments to approved developments, requiring an entirely new application for modest and uncontroversial amendments; hitherto most LPAs were comfortable in agreeing such minor changes, subject to certain criteria.
The new procedure now enables a fast-track determination of minor (non-material) modifications of approved schemes. A standard form is available and it will be necessary to notify other landowners in the usual way. The LPA is obliged to provide a decision within 28 days.
For more information or advice on any of the above, please contact Alan Presslee of Cornerstone on 01603 510850 or mobile: 07702 174892
Extend Your Permission
17.11.2009
The 1st October 2009 saw the introduction of two relatively minor but nevertheless significant changes in the ability to extend and amend planning permissions in England.
Statutory Instruments (2261 and 2262) have introduced new provisions, amending the Town & Country Planning (General Development Procedure) Order 1995 to: 1) extend the time limits for implementing extant planning permissions; and 2) allow LPAs to approve non-material changes to existing permissions.
1) It is once again possible to apply to extend the time limit (implementation period) of full and outline permissions. Planning permissions which are extant both on 1st October and at the date of application, and have not yet commenced, are eligible. For outline permissions, they are extant if either: the time limit for the submission of reserved matters has not expired; or reserved matters applications were all submitted in accordance with the time limit for submission of reserved matters, and the time limit for commencement has not yet expired. Standardised application forms and associated guidance have been published; in short these provide for a simple process to extend the permission without the need to provide new plans, drawings or a Design and Access Statement. Details of fees are to be provided in due course.
This represents a reversal of the provisions introduced pursuant to the Planning and Compulsory Purchase Act 2004, whereby the right to ‘renew’ permission by applying to vary a time limit condition was revoked. The new procedure should allow for a simpler process and enable developers to keep planning permissions alive during these difficult times, without the time and expense of preparing a new application.
2) The provision to allow applications for non-material changes to existing planning permissions addresses an issue of some confusion/frustration over recent years, to planning practitioners and developers alike. Recent case law had prevented LPAs from agreeing minor amendments to approved developments, requiring an entirely new application for modest and uncontroversial amendments; hitherto most LPAs were comfortable in agreeing such minor changes, subject to certain criteria.
The new procedure now enables a fast-track determination of minor (non-material) modifications of approved schemes. A standard form is available and it will be necessary to notify other landowners in the usual way. The LPA is obliged to provide a decision within 28 days.
For more information or advice on any of the above, please contact Alan Presslee of Cornerstone on 01603 510850 or mobile: 07702 174892
Cornerstone Planning is committed to providing a client-focussed and dedicated service with drive, clarity and enthusiasm, delivering cost effective and innovative solutions for all clients and town planning services.
Contact Cornerstone by clicking here.
Contact Cornerstone by clicking here.
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